The Gazette 1995

AUGUST/SEPTEMBER

1995

GAZETTE

ILT DIGEST OF LEGISLATION AND REPORTED CASES Compiled by DAVID BOYLE

ordinary members of the National Milk Agency. There shall be one member representing each of the following interests: those of consumers, retailers and distributors. In addition, four members shall represent the interests of processors and five the interests of producers.

of statements obtained during period of detention - Whether a person's constitutional rights would be vindicated if extradited to a jurisdiction where evidence obtained in violation of constitutional rights would be admissable - Extradition Act 1965, ss. 9, 47 - Criminal justice Act 1984, ss. 4, 10(1) In the Matter of Article 26 of the Constitution and in the Matter of the reference to the court of the Regulation of Information (Services Outside the State for the Termination of Pregnancies) Bill 1995 Supreme Court (Hamilton CJ, O'Flaherty, Egan, Blayney and Denham JJ) [1995] 2 ILRM 81 Bill - Validity - Right to life of the unborn child - Right to life of the mother - Bill regulating circumstances in which information relating to services provided in other states for the termination of pregnancies may be made available in the State - Whether provision of Constitution allowing for information to be made available took precedence over natural law - Constitution of Ireland 1937, Article 40.3.3° Natural law - Supremacy of the text of the Constitution - Power to amend Constitution in a manner inconsistent with natural law Stephen Walsh v. Governor Prison Supreme Court (O'Flaherty, Egan and Blayney JJ) [1995] 2 ILRM 158 Detention - Convicted prisoner - Failure of prison authorities to permit consultation with legal advisers outside the hearing of prison staff - Whether inquiry under Constitution should be ordered - Whether breach of prison rules could render applicant's detention unlawful - Constitution of Ireland 1937, Article 40.4 of Limerick

ADMINISTRATIVE

Harbours Bill 1995 This Bill has been amended in the Select Committee on Enterprise and Economic Strategy. (Cf. (1995) 1 3 ILT 176.) Statistics (Census of Building and Construction) Order 1995 (SI No. 230 of 1995) This Order enables the taking of a statutory census of building and construction relating to the years 1994 to 1999. The scope cf the census is defined and a requirement is made that returns be furnished to the Central Statistics Office covering all under- takings in respect of which the prescribed forms have been issued. The Order came into operation on 23 August 1995 and shall expire on 22 August 2000. European Communities (Common Agricultural Policy) (Scrutiny of Trans- actions) (Amendment) Regulations 1995 (SI No. 218 of 1995) These Regulations deal with the changes to the European Communities (Common Agricultural PolicyHScrutiny of Transactions) Regulations 1994 required by Council Regulation (EC) No. 3094/94. These Regulations, inter alia, revise the definition of 'records' which are to be kept by persons in receipt of Community funds under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and allow officials of the Commission of the European Communities to participate in scrutinies under those Regulations. National Milk Agency (Members) Regulations 1995 (SI No. 234 of 1995) This Regulation fixes the number of AGRICULTURE

CONSTITUTIONAL

Fifteenth

Amendment

of

the

Constitution (No. 2) Bill 1995 This Bill, as presented by the Minister for Equality and Law Reform, aims to amend Article 41 of the Constitution by the substitution of the following text for Article 41.3.2°: 'A Court designated by law may grant a dissolution of marriage where, but only where, it is satisfied that - i. at the date of the institution of the proceedings, the spouses have lived apart from one aother for a period of, or periods amounting to, at least four years during the previous five years, ii. there is no reasonable prospect of a reconciliation between the spouses, iii. such provision as the Court considers proper having regard to the circumstances exists or will be made for the spouses, any children of either or both of them and any other person prescribed by law, and iv. any further conditions prescribed by law are complied with.' Daniel Francis Larkin v. Governor of St Patrick's Institution and Daniel Francis Larkin v. Edward /. O'Dea Supreme Court (Hamilton CJ, Costello P, O'Flaherty, Blayney and Denham JJ) [1995] 2 ILRM 1 Extradition - Fair Procedures - Re- arrest - Validity of order authorising re-arrest of applicant - Admissability

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