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Topic: Act of the Oireachtas

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	Seanad Éireann - Volume 180 - 29 June, 2005 - Interpretation Bill 2000: Committee Stage.
		The Oireachtas, by means of an Act, cannot impose, in a case such as this, a mandatory restriction on the future exercise of its own legislative powers.
		The Houses of the Oireachtas are an important reference point and for all the rubbish I hear uttered in the House on occasion, I have heard a great deal of good sense talked by Members with different perspectives, which set issues very much in the context of the country as it is today.
		Acts of the European Community and European Union, normally directives and regulations but also the treaties of the European Community, are often referred to in Acts of the Oireachtas and statutory instruments.
	historical-debates.oireachtas.ie /S/0180/S.0180.200506290006.html (12219 words)

	[No title]
		The Act was passed at the inception of modern case law on the issue of delegated legislation and in a State which was assuming its nationhood.
		The constitutionality of the 1935 Act Since it was not enacted by the Oireachtas, the 1935 Act does not enjoy the presumption of constitutionality, although it was not, I think, seriously disputed that the onus was on the applicant to demonstrate that the impugned provision was inconsistent with Article 15.2.
		The Oireachtas may properly decide as a matter of policy to impose specific restrictions on the manner in which the executive power in question is to be exercised: what they cannot do, in my judgment, is to assign their policy making role to a specified person or body, such as a minister.
	www.uniset.ca /nold/laurentiu.txt (15632 words)

	INTERPRETATION ACT, 1937 (Site not responding. Last check: 2007-10-12)
		BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
		references to instruments made wholly or partly under an Act of the Oireachtas shall be construed as referring to instruments made, issued, or granted under a power or authority conferred by an Act of the Oireachtas or conferred by the joint operation of an Act of the Oireachtas and some other statute.
		(3) Every enactment contained in an Act of the Oireachtas shall, unless the contrary intention is expressed in such Act, be deemed to be in operation as from the end of the day before the date of the passing of such Act.
	www.irishstatutebook.ie /1937_38.html (2335 words)

	The Ombudsman Act 1980, Office of the Ombudsman
		Section 52 of this Act ensures that the requirements in tax legislation imposing secrecy obligations on the Revenue Commissioners will not apply so as to preclude the disclosure to the Ombudsman of information, including documents for the purposes of the Ombudsman Act, 1980.
		Under this Section of the Act amendments could be made to the Schedules to the Act which listed the bodies which were and were not subject to investigation by the Ombudsman.
		Among other things, this Act provides for the appointment of an Ombudsman for the Defence Forces to investigate complaints made by serving or former members of the Defence Forces about actions taken by serving or former members of the Defence Forces or civil servants which may have adversely them.
	ombudsman.gov.ie /en/Legislation/TheOmbudsmanAct1980 (864 words)

	Supreme Court declares interim barring orders unconstitutional
		4(1), (2) and (3) of [the 1996 Act] is unconstitutional.
		The applicant was deprived of his right to be present in court to hear the allegations made against him and of his right to confront or cross-examine the second named notice party on the accusations made against him in her sworn information.
		In considering whether the impugned provisions of the 1996 Act are invalid having regard to the provisions of the Constitution, the court notes at the outset that they enjoy the benefit of the presumption of constitutionality and that the onus is on the applicant to establish that they are constitutionally invalid.
	www.fact.on.ca /news/news0210/ie021010.htm (4887 words)

	ireland.com / Charles J Haughey // 1925-2006
		The most important achievement to his credit was instigating the passage of the 1965 Succession Act through the Oireachtas.
		The Act made it impossible to do this and also provided that the wife and children had to get a defined share of the estate if the man died without leaving a will.
		To pro-contraception campaigners the notion of having to go to get a doctor's prescription to get a packet of condoms was pretty outrageous - especially since the doctor might well refuse to give the prescription and, if he did, the only chemist in town might refuse to fill it.
	www.ireland.com /focus/haughey/ITstories/story8.htm (753 words)

	No. 21/1984: PROTECTION OF EMPLOYEES (EMPLOYERS' INSOLVENCY) ACT, 1984
		(xi) compensation directed to be paid under section 10 (1) (d) (inserted by section 31 of the Employment Equality Act, 1977) or section 10 (3) (a) (inserted by the said section 31) of the Act of 1974 or under section 26 (1) (d) (iii) of the Employment Equality Act, 1977.
		(5) Subsections (8) and (9) of section 266 of the Act of 1981 shall apply in relation to an offence under this section which is committed by a body corporate as they apply to offences under Part V of the Act of 1981 which are so committed.
		(6) Subsection (10) of section 266 of the Act of 1981 shall be construed and have effect as if the reference therein to proceedings under Part V of the Act of 1981 contained a reference to proceedings under this section.
	acts2.oireachtas.ie /zza21y1984.1.html (4201 words)

	Prisons Bill 2006 Published
		If the Minister decides to proceed with the development he or she will move a resolution in both Houses of the Oireachtas, which if approved must be confirmed by an Act of the Oireachtas before the development can proceed.
		The governor of a prison or an officer acting on his or her behalf may give to a member of the Garda Síochána copies of photographs, measurements, fingerprints or palm prints obtained and documents relating to the testing of prisoners for intoxicants.
		Part 5 provides for the statutory appointment of an Inspector of Prisons, details the functions of the inspector and requires the preparation by the Inspector to the Minister of an annual report on the performance of his or her functions and on such other matters as the Minister may direct from time to time.
	www.progressivedemocrats.ie /press_room/2151 (1061 words)

	OIREACHTAS (ALLOWANCES TO MEMBERS) ACT, 1938 (Site not responding. Last check: 2007-10-12)
		the word "Dublin" in its application to a member of the Oireachtas travelling to or from Dublin by rail means the railway station in the county borough of Dublin at which he terminates or commences his journey.
		—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
		Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas
	www.irishstatutebook.ie /1938_34.html (1088 words)

	Number 21/2002: HEPATITIS C COMPENSATION TRIBUNAL (AMENDMENT) ACT, 2002
		—Section 3 of the Principal Act is hereby amended—
		—Section 4 of the Principal Act is hereby amended—
		(2) The Hepatitis C Compensation Tribunal Act, 1997, and this Act may be cited together as the Hepatitis C Compensation Tribunal Acts, 1997 and 2002, and shall be construed together as one.
	acts.oireachtas.ie /en.act.2002.0021.1.html (1621 words)

	[No title]
		As a consequence, if the reader of the original Act is unaware of the subsequent amending Act, he or she might mistakenly believe that the original Act states the law at the time of reading.
		The effect of the Documentary Evidence Act, 1925 in this context is that proof of the authenticity of a Restatement may be shown in Court by producing a copy of the Restatement published by the Stationery Office.
		This Act was passed on 18 December 2002 and was promulgated on 24 December 2002.
	www.attorneygeneral.ie /slru/Explanatory_Materials.doc (1130 words)

	Riordan v. An Taoiseach [1999] IESC 1 (20th May, 1999)
		The Appellant seeks to escape this dilemma by arguing that the original Bill was repugnant to the Constitution and that the Act, as an enacted into law, is invalid having regard to the provisions of the Constitution.
		When the President promulgates a Bill to amend the Constitution duly passed by the people in accordance with Article 46 ‘as a law’ within the meaning of Article 46 s.5 she is promulgating it as part of the basic law or ‘bunreacht’ because it is an amendment to the Constitution duly approved by the people.
		The fact that a constitutional amendment, duly passed is not an Act of the Oireachtas within the meaning of Article 15.4 of the Constitution is not, necessarily, fatal to the Appellant’s case.
	www.uc3m.es /uc3m/inst/MGP/NCR/ireland216.htm (2499 words)

	International Committee Newsletter August 2006 - Ireland - Labor and Employment Law
		The Act is being introduced in phases, depending on the size of the undertaking.
		The Act gives employees the right to require their employer to implement an agreement for an information and consultation procedure, at the written request of 10 percent or (currently) 100 of the employees in the undertaking, whichever is the lesser.
		For employers to whom the Act is applicable in September 2006, it is probable that an arrangement entered into less than six months before that date, but which is not challenged by employees for a six-month period, would be classified as a pre-existing arrangement.
	www.abanet.org /labor/newsletter/intl/2006/Aug/ireland.html (383 words)

	Chapter 9 - Health and Safety (Site not responding. Last check: 2007-10-12)
		In proceedings for an offence under this section, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with this section.
		Therefore employers are liable for the actions of their employees under this Act and must ensure that a smoke-free workplace is enforced.
		Under the Act an authorised officer may enter into a premises where he or she has reasonable grounds for believing that the Act is being contravened and subject to a warrant, may be accompanied by a member of the Garda Síochána.
	www.hrmaster.com /PPP/chap09/sumleg13.asp (743 words)

	The Irish State - Constitution
		It sets out the formof government and defines the powers of the President, of the two Houses of the Oireachtas (Parliament), and of the Government.
		The Constitution regulates the method of election of the President and defines the President’s powers inrelation to the two Houses of the Oireachtas and the Government.
		The Constitution may be amended only by an Act of the Oireachtas, the Bill for which has been approved by the people in a referendum after being passed by both Houses of the Oireachtas.
	www.ireland-information.com /reference/constiti.html (453 words)

	Explanatory memo of the European Parliament Elections (Amendment) Bill 2003
		The purpose of the Bill is to implement the recommendations of the Constituency Commission Report 2003 on changes to the European Parliament constituencies and to give effect to Council decision of 25 June and 23 September 2002 (O.J. No. L283, 21.10.2002, p.1) concerning the election of the members of the European Parliament.
		The decision updated the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ESCS, EEC, Euratom (O.J. No. L278, 8.10.76, p.5.) Most of the changes made in the 2002 Decision are textual and are already provided for in Irish legislation.
		5.—In the Act of 1997 and every other Act of the Oireachtas and every instrument made under any of those Acts, a reference to a representative in the European Parliament shall be construed as a reference to a member of the European Parliament.
	www.feargalquinn.ie /m/mep.htm (1284 words)

	FSAI - Food Safety of Ireland Act, 1998
		(5) The acts of a subcommittee established under this section shall be subject to confirmation by the Board or Scientific Committee, as appropriate, unless the Board or Scientific Committee dispenses with the necessity for confirmation.
		(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to the former Authority shall, on and after that day, be construed as references to the Authority.
		For the purposes of the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act, 1997), any gain accruing to the former Authority on a disposal made by virtue of section 59 shall not be a chargeable gain.
	www.fsai.ie /legislation/related/about_legislation_act1998.asp (10097 words)

	IAASA: FREQUENTLY ASKED QUESTIONS
		In addition to the foregoing, a small number of individuals are individually authorised to act as auditors on foot of a Ministeral authorisation given pursuant to section 199(3) of the Companies Act, 1990.
		Acting as an auditor while not qualified to do so is a serious criminal offence.
		On the commencement of section 26 of the Act, the Authority will be empowered to accept and examine complaints from members of the public relating to the financial statements company or other undertakings coming within its supervisory remit.
	www.iaasa.ie /faq/index.htm (2182 words)

	No. 38/1961: COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961
		BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
		—(1) On the commencement of this Act, the Court of Final Appeal, which in pursuance of Article 34 of the Constitution is to be called An Chúirt Uachtarach (The Supreme Court), shall stand established.
		(4) The office held by each person who, immediately before the commencement of this Act, was a judge or justice of any of the courts of justice mentioned in Article 58 of the Constitution shall be vacated by his being appointed, with his consent, to a judicial office.
	acts.oireachtas.ie /zza38y1961.1.html (1031 words)

	eircom net Ireland-International / Irish news headlines from leading Irish newspapers
		However, in a major decision with ramifications across both the moral and legal spectrums, he ruled the three frozen embryos are not 'unborn' as defined under the Constitution.
		And in a pointed criticism of the Government's failure to address the legal status of the unborn, the judge said it was for the Oireachtas, not judges, to decide on key issues such as the question of when life begins.
		The Oireachtas Committee on Health and Children has before it a major study of the issues involved from the Commission on Assisted Human Reproduction which reported 18 months ago.
	home.eircom.net /content/unison/national/9313309?view=Eircomnet (721 words)

	IRLII
		Application of Civil Service Regulation Act 1956 as applied or amended by Part IV of Staff of the Houses of the Oireachtas Act 1959.
		Amendment of Staff of the Houses of the Oireachtas Act 1959.
		(b) in section 27(1), as amended by section 11 of the Staff of the Houses of the Oireachtas Act 1959, by substituting ‘‘Houses of the Oireachtas Commission’’ for ‘‘Chairman of Dáil Éireann’’.
	www.ucc.ie /law/irlii/statutes/2003-28.php (6389 words)

	Valuation Tribunal - rates valuation appeals nationwide
		He said that the use of the premises is subject at all times to Government control and the premises must be made available, when required, to the Government for special purposes.
		He said that galleries such as the Hugh Lane Gallery and the National Gallery are also used for occasional concerts and The Malahide Castle is also used for banqueting facilities such as are available at the subject premises and are not such as to deprive same from their entitlement to exemptions.
		He stated that the Government contribution towards arts and culture came from Oireachtas funds and lottery funds and that it was hoped that there would eventually be an increase in the E.C. contribution towards culture.
	www.valuation-trib.ie /categories/museum/VA92_1_008.htm (3640 words)

	Seanad Éireann - Volume 104 - 28 June, 1984 - Delegated Legislation: Motion.
		There are good reasons for having a diffuse variety of provisions, but it is well worth the time of the Joint Committee on Legislation or its sub-committee to look at the question of whether they are dealt with consistently or whether there should not be criteria in regard to this.
		I do not think it was the intention when the committees of the Oireachtas were established 12 months ago — the new committees — that their membership should remain rigid.
		A statutory instrument can amend an Act of the Oireachtas, repeal, modify by changing interpretation or changing the pre-existing thrust or meaning of an Act of the Oireachtas.
	www.oireachtas-debates.gov.ie /S/0104/S.0104.198406280004.html (3162 words)

	Valuation Tribunal - rates valuation appeals nationwide (Site not responding. Last check: 2007-10-12)
		Commissioner of Valuation (1935) I.R. 607 at 614 where he gave his opinion that the words "other buildings" in the fourth category of section 63 of the 1838 Act must be read as ejustem generis with the buildings in that category, such as hospitals, etc. specified in that category.
		But it appears that this opinion was not necessary for the decision that was reached by the High Court in that case and the Tribunal does not regard this dictum as binding on it.
		The Tribunal, therefore, determines that the premises in question are entitled to exemption under section 63 of the Poor Relief (Ireland) Act, 1838.
	www.valuation-trib.ie /categories/offices/VA88_0_130.htm (1563 words)

	REC: Doors to Democracy - Western Europe: Ireland (2)
		The implementation of the Freedom of Information Act, 1997, will be expected to result in public authorities adopting more citizen-oriented practices, and this may to some extent have an impact on officials dealing with environmental information.
		The most effective and suitable means of achieving such goals are arguably to regulate all rights and duties in an act of the Oireachtas (parliament) as opposed to ministerial regulations.
		The freedom of information act route would be more favorable insofar as it would encourage public authorities to take initiatives in providing access to information in response to technological and managerial developments without necessarily requiring them to do so.
	www.rec.org /REC/Publications/PPDoors/WEST/Ireland3.html (1710 words)

	REC: Doors to Democracy - Western Europe: Ireland (1)
		However, the EPA Act identifies the information types to be provided by the EPA, and, as the agency has limited, specified competence in the fields of environmental pollution and waste management, it takes its place alongside other public authorities subject to access to information obligations.
		Section 27 of the EPA Act, 1992, provides for the setting up of an Advisory Committee whose purpose, according to Section 28, is to make recommendations to the EPA or the minister for the environment relating to the functions of the EPA.
		Under the Waste Management Act, 1996, it is open to any person to seek in the high court interim or interlocutory injunctions (Section 57) or remedies (Section 58) concerning the improper holding, recovery or disposal of waste.
	www.rec.org /REC/Publications/PPDoors/WEST/Ireland1.html (6432 words)

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