yep...no joy...it'll come to me!

On 3/6/10, Aoife McBennett <[email protected]> wrote:
> Thanks Brian!
>
> Have you tried typing the lyrics of the tune into Google?!
>
> On Sat, Mar 6, 2010 at 7:22 PM, Brian Foley BL
> <[email protected]>wrote:
>
>> Some arising are (1) strict / absolute liability - CC v Ireland and what
>> happens next etc...bringing in Re Article 26 and the Employment Equality
>> Bill Reference 1997 on the need for strict liability (2) the
>> constitutional
>> limits on how one can define a crime (3) the constitutional limitation on
>> the DC jurisdiction - i.e. minor offences
>>
>> There may be more, but I'm really trying to remember the name to a
>> particular 1990's rock ballad right now and its taking over my brain.
>>
>> Brian
>>
>>
>>
>> -----Original Message-----
>> From: [email protected] [mailto:
>> [email protected]] On Behalf Of McB
>> Sent: 06 March 2010 19:18
>> To: FE-1 Study Group
>> Subject: Constitutional Q - October 2009 Q2
>>
>> Hi everyone,
>>
>> Does anyone have an idea as to the issues arising in Q2 Oct 09?
>>
>> Q. The Oireachtas enacts the Protection of Official Records Act 2009.
>> S1 of the Act defines an official record as 'any record which it would
>> not have intended to release'.
>>
>> Secion 2 of the Act creates a criminal offence of 'releasing official
>> records without authorisation'. The offence is punishable by 5 years
>> imprisonment and/or fine of €10k. The offence is tried summarily
>> before a District Court judge.
>>
>> Billy is a civil servant in the Dept of Economic Affairs. His job is
>> to release documents to the media that have been authorised for
>> release by the relevant officer.
>>
>> His superior officer gives him a file which is to be sent to a
>> journalist with the Irish Herald. Unknown to him, the file contains a
>> document, the release of which has not been authorised. He sends the
>> full file to the journalist, who publishes the material in a front-
>> page story.
>>
>> Billy charged with offence under s2 of the Act. Advise him, if it is
>> possible to prevent prosecution on grounds of Irish constitutional
>> law.
>>
>> *
>> *
>> *                                                 *
>>
>> I can only identify the issues in paragraph 2 about distinction
>> between minor and non-minor offences. I'm at a loss as to identifying
>> other issues.
>>
>> Thanks,
>>
>> Aoife
>>
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>
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