The Freedom of Information Act 1997 is of immense constitutional significance. It is a far-reaching piece of legislation and shows in its complexity all the signs of heavy resistance from the political establishment. It is revolutionary both in intent and in its likely impact. It is likely to change the culture of the country. The culture of secrecy that has permeated Irish political and administrative practice since the implementation of the Official Secrets Act will be fundamentally challenged and ultimately broken down.

This book includes the full text of the Act plus the accompanying explanatory notes. It also includes eight papers presented by experts in the field discussing the evolution of the Act, the far-reaching implications of the Act, its likely effect on society, what it will mean for citizens and the likely next steps that will follow.

Contributors include: Gerry Kearney, The Department of Finance;
Dr Paschal Preston, School of Communications, Dublin City University;
Maeve McDonagh, University College, Cork; Eithne Fitzgerald, former Minister of State, Office of the Tánaiste; Roy Atkinson, Vice-Chairman, Consumers Association of Ireland; Michael Foley, Media Correspondent, The Irish Times; Bernadette Kennedy, Department of Library & Information Studies, UCD; Senator Brendan Ryan writes the opening section of the book.

This book will be of immense benefit to anyone with an interest in freedom of information.

Joseph Donnelly is the Librarian in the Judges Library, Dublin and Mary Doyle is the Librarian in the Department of Agriculture, Food and Forestry.

ISBN 1-901657-37-X £16.50 pbk June 1998

This book deals with all the legal aspects of recruitment, appointment, suspension and removal of Vocational Teachers. Also the status of part-time, EPT, temporary whole-time and permanent teachers is explored. Legal aspects of teacher discipline and the conduct and procedure of inquiries are outlined. Irish, English and American legal cases, many unreported and not generally available, are used extensively throughout.

Dr. Michael Farry BL is a lecturer in Law at Carlow Regional Technical College.

224pp. ISBN 1-901658-02-7 £19.95 pbk ISBN 1-901657-03-5 £29.95 hbk 1998

In the 1990s with growing figures in divorce and increasing figures in single parent families, violence in the home and many other domestic problems, the law is unfortunately having to intervene more and more to regulate what should happen when relationships break down. But for most people, taking the domestic problems into a court of law can be a difficult and traumatic experience. The legal process can seem very intimidating and many people are unprepared for the barrage of legal terms that they are expected to understand.

This book is a practical guide designed to help people overcome these fears. With a comprehensive glossary of legal terms and practical advice on how the law can work for you and not against you, the authors have simplified this difficult and complex area of the law so that it can be understood by those who need to use it most.

Maureen Mullally is a barrister who specialises in Family Law. She is a member of the English and Irish Bar. Pamela Madigan is a solicitor involved in the Family Law Committee of the Dublin Solicitors Bar Association. Seamus Kearney is a law graduate of Trinity College and practices at the English Bar.

146pp. ISBN 1-901657-09-4 £9.99 pbk 1998

This book covers the law relating to package holiday contracts in Ireland and focuses primarily on the new and significant changes introduced by the Package Holidays and Travel Trade Act 1995. It provides an analysis of new obligations and liabilities on the tour operator and travel agent, their consequences and their operation in practice. The consumer protection objective of the new Act will be emphasised to illustrate the increased protection that the Act gives the consumer and in particular the recovery for loss suffered under the strict liability of the tour operator for the proper performance of the obligations under the contract. The impact of the new act will also be seen in the overall context of the common law rules on the duty of care of tour operators in negligent misrepresentation and the recovery of damage.

The book will also provide a detailed analysis and guidance for all those involved in the travel industry, tour operators and practitioners alike, on the new legal framework created by the Act, the legal and practical issues it creates and will enable them to view it in the context of its relation to the traditional common law relating to the area. It is the first analysis of the new act, and is likely to prove to be an invaluable reference work for all those involved in and advising on issues relating to the travel industry.

Jonathan Buttimore is a practising barrister.

250pp. ISBN 1-901657-24-8 NF pbk June 1998

This book critically examines television portrayals of different types of violence and the limited influence of modern censorship, as well as looking at the body of literature available on the subject.

For various reasons, the public debate around this issue has tended to focus exclusively on the exposure of young people to pornography and violence through the media. This book suggests a wider debate is necessary. It looks at the background to the subject, and considers the relationship between violence and pornography in the media and violence in society. The book also analyses the law on violent content, and recommends that a new approach be taken to the media which will ensure that it reflects the cultural development of Europe, and is not merely a slave to economic considerations.

Catherine Crean is a practising barrister.

176 pp. ISBN 1-901657-08-6 £12.99pbk  September 1998

In February 1977 the EU enacted a Directive on the transfer of undertakings, businesses or parts of businesses commonly known as the Acquired Rights Directive. In 1980 the Government brought in a statutory instrument to give effect to the Directive in Ireland. The Directive has had a dramatic effect on employment law and practice and also on the commercial practice of the owners of businesses and their advisors. It gave employees the right to transfer once a business changed hands.

This book explains the detail of the Directive and the Irish regulations and how they apply to existing Irish law and practice. It will be of interest to lawyers and law students but also to accountants and to anyone involved in buying or selling a business. The Directive affects all businesses, including small businesses such as pubs and newsagents. Whether it be a newsagent or a large, multinational company, if a business is taken over the employees have the right, subject to certain specific exceptions, to work for the new owner/employer.

This book explains in detail how contracts of employment and terms and conditions of employment transfer and how the employees are likely to be affected by the re-organisation and rationalisation of the business. It explains the remedies available to employees should the rules be breached and includes a number of detailed appendices, consisting of the Directive, the Irish regulations, the UK regulations, Commission memoranda and the current proposal for amending the Directive.

Gary Byrne is a Solicitor with BCM Hanby Wallace, specialising in employment law.

300pp. ISBN 1-901657-14-0 NF pbk ISBN 1-901657-15-9 NF hbk October 1998

This book seeks to provide a comprehensive and detailed analysis of the law relating to the granting of security for costs against both personal and corporate plaintiffs. It will analysis the now abundant case law built up over the years in this area, both in this jurisdiction and by analogy with the cases of the English Courts, to give practitioners an invaluable reference guide to relevant case law, as to the criteria governing the exercise of the courts discretion in granting security for costs in any particular set of circumstances. All aspects of this area relating to orders of security for costs will be addressed, including the recent impact of EU law on security for costs against non-resident plaintiffs, and the practice and procedure of such applications.

This is the first work to address exclusively this very important area of practical significance in litigation today and is the only work to date to bring together in one single volume a comprehensive analysis of the law and practice of procedure of this very important, but often overlooked area of legal practice, and so will provide practitioners with all they need to know of this area in one single volume.

Jonathan Buttimore is a practising barrister.

192pp. ISBN: 1-90165725-6 NF pbk November 1998

Forming the basis of the constitutions of the US and Ireland are two branches of a fascinating and crucial body of natural law, handed down from the ancients. This natural law "the law written on our hearts" proclaims the preservation of life as its primary and fundamental tenet. This pre-eminent touchstone – and all rights flowing from it – are the fertile ground from which both nations’ constitutional liberties, explicit as well as implicit, have been historically realised and implemented. Yet legislators and the judiciary in both nations often fail to recognise the natural law basis, and the supremacy of the conservation of life within that natural law, in the processes of creating and adjudicating laws pertaining to the personal liberties of citizens. By failing to recognise and utilise the independent moral guide posts of the natural law, both the legislator and the adjudicator fall prey to the arbitrary process of legal positivism, allowing the rights of citizens to ebb and flow much like a rudderless boat.

The US would do well to follow the example of the Irish, and the Irish should not turn away from its natural law history, as more complicated and crucial "life and death" situations arise in this modern era. For it is only by the full embrace of the natural law that permanent justice for all citizens, weak and strong, minority and majority, almost born and near death, can be fully fairly achieved and protected throughout the ages.

Cynthia Millen has been a writer for five years. She has written a number of legal texts and childrens’ books. She lives in Ohio, USA.

150 pp. ISBN: 1-901657-10-8 £29.99 pbk 1-901657-11-6 £45.00 hbk July 1998