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IRIS 2004-3:1/21 [IE] European Convention on Human Rights Becomes Part of Irish Law

The European Convention on Human Rights Bill, passed by the Oireachtas (Irish Parliament) in June 2003, came into operation on 1 January 2004. Previously, although Ireland had played an active role in the drafting of the Convention and had been one of the first states to ratify it, it had not incorporated the Convention into domestic law. Ireland had been a dualist state in that the Convention, while binding on Ireland, was not binding in Ireland. Irish citizens who wished to avail of the Convention had to take their case to Strasbourg. Now, although the Convention has been incorporated into Irish...

IRIS 2004-2:1/29 [IE] Adoption of New Broadcasting (Funding) Act

On 23 December 2003, the Broadcasting (Funding) Act was promulgated into law. The purpose of the Act is, according to its long title, "to provide that the Broadcasting Commission of Ireland prepare a scheme or schemes for the funding of grants to support certain television and radio programmes and projects out of an amount of 5 per cent of net receipts for television licence fees, to outline the objectives of a scheme and to provide for related matters". The types of programmes that will benefit under any scheme(s) to be established pursuant to the new Act are listed in s. 2(1). These comprise...

IRIS 2004-1:1/29 [IE] Tax Relief for Investment in Film Industry to Continue

Bord Scannán na hÉireann /The Irish Film Board ("the Board") has warmly welcomed the decision of the Minister for Finance to continue tax relief for investment in the Irish film industry until the end of 2008 and his plan to increase the upper limit on investment to EUR 15 million per film from 2005. The Board is a statutory body whose remit is "to assist and encourage the making of films, and the development of a film industry in the State, having regard to the need for the expression of national culture through the medium of film-making". It deals with funding for the Irish film industry. Tax...

IRIS 2003-9:1/28 [IE] Developments concerning Freedom of Information

A number of recent legislative and other developments in Ireland are likely to affect the implementation of the country's freedom of information (FOI) legislation (see IRIS 1997-10: 8). On 11 April 2003, the Freedom of Information (Amendment) Act was promulgated into law. One of the most significant amendments introduced by the Amendment Act was a considerable broadening of the definition of "Government" (for the purposes of determining exempt records ­ see further, Section 19 of the original 1997 FOI Act). This concept already included committees of Government, but Section 14 of the Amendment...

IRIS 2003-8:1/10 European Commission: Request to Ireland to Ratify the Paris Act 1971

The European Commission has sent a reasoned opinion to Ireland (under Article 228 of the EC Treaty) requesting it to comply with the judgment of the European Court of Justice of 19 March 2002, regarding its failure to ratify the Berne Convention for the Protection of Literary and Artistic Works (Paris Act 1971). EU and EEA Member States undertook to adhere to the Paris Act by January 1995. Ireland, however, failed to do so and the Commission opened infringement proceedings against it. The matter was referred to the European Court of Justice, which ruled that by failing to adhere to the Paris Act...