Law « Thurles Information

Legislation To Streamline, Strengthen & Modernise Gambling Regulation.

Legislation will Establish the Gambling Regulatory Authority of Ireland.
Introduce a modern and robust licencing and regulatory framework for both in-person and online gambling.
Establish a National Gambling Exclusion Register.
Introduce tight restrictions on gambling advertising.
Introduce a Social Impact Fund to support educational measures and problem gambling treatment activities.
CEO Designate of the Gambling Regulatory Authority of Ireland has been progressing important preparatory work.

The Gambling Regulation Bill, 2022, has passed through both Houses of the Oireachtas. The legislation sets out the framework and legislative basis for the establishment of a new, independent statutory body, Údarás Rialála Cearrbhachais na hÉireann, (the Gambling Regulatory Authority of Ireland) and for a modern and robust licencing and regulatory framework for both in-person and online gambling.

**Painting by Italian artist Michelangelo Merisi da Caravaggio** *(1571-1610)***, “*The Cardsharps*.”** *(painted c.1594)*.

The Bill provides for the establishment and operation of the National Gambling Exclusion Register and introduces tight restrictions on the advertisement of gambling activities.
It also provides for the creation of a Social Impact Fund to support awareness–raising and educational measures and to support problem gambling treatment activities.

With regard to black market operators, the Bill contains a suite of measures to address illegal or criminal gambling activity and includes explicit prohibitions on illegal activity or practices, some of which could result in significant custodial sentences.

Once the Bill is enacted, the GRAI will be established with a seven-person authority. A Programme Board has been established in the Department of Justice to ensure that the legislation and the operational preparations are progressed in parallel, allowing the Authority to commence operations, on a phased basis, as soon as possible, after enactment and appointment of the Authority members.
Ms Anne Marie Caulfield has been appointed to the role of CEO Designate of the Gambling Regulatory Authority of Ireland and has been progressing important preparatory work.

As part of Budget 2025 announced on October 1st last, the GRAI will receive €9.1m in 2025, including €4m of ICT capital investment.

Establishment Of A New Judicial Appointments Commission Announced.

New independent Commission will select and recommend candidates for all judicial offices in Ireland and in EU and international courts.
A new application and interview process will apply to all judicial vacancies.
Candidates will be required to undergo continuous professional development.

Legislation providing for the establishment of the Judicial Appointments Commission on 1st January 2025 has commenced today. This marks the most substantial reform in the way judges are chosen for appointment in almost thirty years.
The Judicial Appointments Commission Act establishes a new, independent Judicial Appointments Commission to select and recommend persons for all judicial offices in Ireland; in the EU and International courts.

The new reforms provided for, include:

Reduction in the number of recommendations: 3 candidates to be recommended for a vacancy and an additional 2 recommendations for a second and additional vacancies. For example, this would mean 7 recommendations for 3 vacancies.
Only candidates recommended by the Judicial Appointments Commission to be nominated by the Government for appointment by the President.
All judicial posts, whether a first appointment or a promotion from another court will be governed by the procedure.
Interviews: For the first time, all nominees will have been interviewed.
Diversity: The Commission will have the objective that membership of the judiciary should reflect the diversity of the population as a whole.
Continuous Professional Development: Candidates will be required to show they have undertaken judicial training or continuous professional development.
The Judicial Appointments Commission will set out best practice selection procedures including interviews and the knowledge, skills and attributes required of judges.

Commission Membership.
Membership of the Judicial Appointments Commission, which will be chaired by Chief Justice, The Hon. Mr. Justice Donal O’Donnell and will include:-
The Hon. Ms. Justice Caroline Costello, (President of the Court of Appeal).
Attorney General Rossa Fanning (SC).
The Hon. Ms. Justice Mary Rose Gearty, (High Court).
Judge Alan Mitchell, (District Court).
Ms. Bernie Gray, (Human Resources and Governance expert).
Dr. Eleanor O’Higgins, (Adjunct Associate Professor, College of Business, University College Dublin and Associate, London School of Economics and Political Science).
Dr. Rónán Kennedy, (Associate Professor in the School of Law, University of Galway).
Dr. Terrence McWade, (Former CEO of the Royal College of Physicians of Ireland).

The Judicial Appointments Commission will be established from January 1st, 2025.

Government Appoints Deputy Garda Commissioner.

Mr Justin Kelly, Assistant Commissioner, (Organised & Serious Crime), appointed new Deputy Garda Commissioner.

The Government yesterday approved the appointment of a new Deputy Commissioner to An Garda Síochána, with immediate effect.

Following a recent open competition, run by Public Jobs on behalf of the Policing Authority, the appointment of Assistant Commissioner Justin Kelly was announced.

Mr Kelly has previously led the fight against organised and serious crime, as Assistant Commissioner.
In this role, he has led the further development of An Garda Síochána’s capabilities and international partnerships in tackling drugs and organised crime, cyber and economic crime, as well as prioritising and combatting crimes against vulnerable people and responding to the needs of victims.

His career is marked by achievement and results and he is expected to bring his vast experience, skill and huge personal commitment to this new important senior role.
This skill is crucial in the effective day to day management and strategic direction of An Garda Síochána; as well as supporting the current Garda Commissioner, in leading the implementation of the organisation’s ongoing programme of reform.

Garda Commissioner Mr Drew Harris and the Chairperson of the Policing Authority, Dr Elaine Byrne, have both publically welcomed the appointment.

Wife Of Tipperary Rapist Seeks To Prevent Control Takeover Of Company.

The wife of a man, latter jailed for eight years for the rape of another woman in a Dublin hotel, is now seeking a High Court order preventing him from unlawfully taking control of the company in which they are both currently shareholders.

Mrs Fiona Brett claims that Mr Dermot Brett, sole director and 80% shareholder in Pharmafoods Ltd of Clonmel, Co Tipperary, operating from his prison cell, is behaving in a manner oppressive to her, as a 20% shareholder in the same firm.

Last November, at the Central Criminal Court, the fifty seven year old Mr Brett, with an address at Sweet Auburn, Carrickbeg, Carrick-on-Suir, Co Tipperary, received a jail sentence having been convicted on one count of rape at the InterContinental Hotel on January 11th, 2019. He had pleaded not guilty, and the victim consented to him being named following his conviction.

The court had heard that friends of the 20-year-old woman, who was a university student, had got a taxi for her, after she was asked to leave a pub because of her intoxicated state.

It is understood that she had exited the taxi without the knowledge of her friends and then met with Brett, who claimed he was concerned for her welfare because there were a number of other men in the vicinity who were showing an interest in her.

The university student had no recollection of meeting Mr Brett or indeed getting out of the taxi. This was confirmed by CCTV footage at the hotel where they arrived which showed that the individual raped was unable to stand upright on the night in question.

Mrs Brett claims that her husbands conviction and the subsequent reporting and naming post-trial, has cast a devastating impact on their business, resulting in the loss of all of their key customers and suppliers.

The company was once family owned and engaged in supplying food processing equipment and operating from Ivowen Retail Park, in Clonmel.

Mr Justice Brian Cregan granted counsel permission to serve the proceedings at short notice on the respondent and said the case can come back before the court next week.

FSAI Serve Closure Order On Killenaule, Thurles, Tipperary, Take Away Premises.

The Food Safety Authority of Ireland (FSAI) today reported that 16 Enforcement Orders were served on food businesses during the month of September last; one of which was in the postal area of Thurles, Co. Tipperary.

The 16 Enforcement Orders were served for breaches of food safety legislation, pursuant to the FSAI Act, 1998 and the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020. The Enforcement Orders were issued by Environmental Health Officers in the Health Service Executive (HSE) and officers of the FSAI.

Four Closure Orders were served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

Red Robin Takeaway LTD, River Street, Killenaule, Thurles, Co. Tipperary. {Dated 24/9/2024}
Antonio’s (Take Away), 61a Ballybough Road, Dublin 3.
The Lord Lucan Pub, Finnstown Shopping Centre, Lock Road, Lucan, Co. Dublin.
Coolmine Shawarma & Grilled (Closed activity: Storage, preparation, handling and cooking of raw meat at the premises) (Take Away), Unit 40B, Coolmine Industrial Estate, Porters Road, Blanchardstown, Dublin 15.

Reasons given for closure of the Red Robin Takeaway premises was due to evidence of a rodent infestation, evidenced by rodent faeces clearly visible where open food contact materials were stored, and evidence of the lack of regular thorough cleaning in the kitchen area and throughout preparation areas.

Nine Closure Orders were served under the FSAI Act, 1998 on:

Glens Takeaway and Diner, Cappaughna, Glengarriff, Cork.
Grace’s Garden (Service Sector), Dublin Road, Shankhill, Co. Dublin.
Koffee and Kale (Restaurant/Café), 21B Hill Street, Dublin 1.
Spar (Closed area: Deli area only), Unit 3, 111 Reubens Square, Dolphins Barn, Dublin 8.
Kimex Ireland Limited (Small Meat Manufacturing Plant), Unit 7, Golden Bridge Industrial Estate, Tyrconnell Road, Inchicore, Dublin 8.
Osteria 99 Italian Cuisine (Restaurant/Café), 1st Floor, 99 Monkstown Road, Monkstown, Co. Dublin.
Polonez (Retailer), Unit 4, Walkinstown Retail Centre, Walkinstown Avenue, Walkinstown, Dublin 12.
Café Sol, Cornelscourt Shopping Centre, Foxrock, Dublin 18.
That’s Amore (Restaurant/Café), 107 Monkstown Road, Monkstown, Co. Dublin.

One Improvement Order was served under the FSAI Act, 1998 on:

Sizzlers (Take Away), 41 William Street, Limerick.

One Prohibition Order was served under the European Union (Official Controls in Relation to Food Legislation) Regulations, 2020 on:

Hearty Sunshine (Health Food Shop/Pharmacy/Sports Nutrition), Unit 2A Block, Moore Street Mall, 55-66, Parnell Street, Dublin 1.

Some of the reasons for the Enforcement Orders in September include: a live rodent running across the floor of a food storage room; a dead rodent caught in a snap trap in a kitchen; clear evidence of a rodent attack on a bag of rice, along with bird droppings, feathers, and a dead bird present on the premises; active cockroach infestation beneath a cold service display unit storing uncovered food; inadequate procedures in place to control pests; repeated failure to cease handling raw meat in a premises which could not accommodate the safe storage, handling, preparation, and cooking of meat; lack of adequate, regular and thorough cleaning; no hot water, no soap and no facilities provided for hand washing and drying at the wash hand basin in the kitchen; persistent and recurring failure to comply with food hygiene legislation, demonstrating a complete absence of a food safety culture; false or misleading claims on a number of food products.

Dr Pamela Byrne, (Chief Executive, FSAI), said that food businesses must ensure that their premises are fully pest proofed.

“The number of Closure Orders served in September which listed evidence of widespread rodent or cockroach activity along with a lack of pest proofing, is very concerning. Pests can transmit very harmful pathogens to food, food surfaces and equipment and this presents a grave and immediate danger to public health. Every food business must ensure that they have a robust pest control system in place and that the system is checked regularly. It is crucial that swift and effective action is taken at the first sign of an infestation.
Consumers have an absolute right to expect safe food. There is no room for excuses and adhering to food safety standards is a legal obligation for every food business,” said Dr Byrne.

Also, during the month of September, one prosecution was taken by the HSE in relation to:

Cork Oriental Supermarket, 13 Dalton’s Avenue, Cork.

Details of the food businesses served with Enforcement Orders are published on the FSAI’s website. 