Freedom of Expression The 1922 Constitution provided for freedom of expression but limited this right with reference to public morality. Article 40.6.1 of the current 1937 Constitution protects the right of the citizens to express freely their convictions and opinions. It provides that The education of public opinion being, however, a matter of such grave import to the common good, the State shall endeavour to […]
Pre-Independence The latter part of the 19th century saw the so-called Gaelic revival, which included the revival of Gaelic sports and the establishment of the Gaelic League. This was part of the overall political nationalist movement towards Home Rule and, later, independence. The revolutionary government of Sinn Féin from 1919 to 1922 sought to prioritise Irish. The proceedings of the first Dáil in January 1919 […]
Background OSI was established in 1824, in parallel with the Ordnance Survey in Great Britain. Initially, it conducted a detailed survey of the island of Ireland on a scale of 6 inches to one mile. Between 1825 and 1846, surveyors led by officers of the Royal Engineers, along with men from the ranks of the Royal Sappers and Miners, crossed Ireland, creating unique records and […]
Licensed Clubs Licensed clubs have many of the privileges of licensed premises. The Registration of Clubs legislation accords a status which is broadly similar to that applicable to a premises which holds an Intoxicating Liquor licence. The licence/club registration is granted by the court and Revenue Commissioners are notified of registration. Premises must be registered under the Registration of Clubs act. Registration is equivalent to […]
Admission to Membership The rules will generally provide for admission, resignation and expulsion of members. That members may be proposed and seconded and subject to approval by the whole society of the committee. The new member will generally receive notice of the rules and will not generally be a member until he has paid a subscription. The prospective member may accept or reject the membership. […]
Trustees There are usually trustees of an unincorporated club who hold property and assets on trust for the members. They may be given powers to invest at the direction of the committee under the rules or otherwise. Trustees and committee are not entitled to an indemnity from members in the absence of a provision so providing in the rules. General principals of members may not […]
Purpose of 2021 Act The purpose of the Sale of Tickets (Cultural, Entertainment, Recreational and Sporting Events) Act 2021Act is to promote fairer access to tickets for cultural, entertainment, recreational and sporting events by prohibiting the sale of tickets or ticket packages for a price exceeding their original sale price for events taking place in designated venues or for designated events. The Act also prohibits […]
Convention on Cultural Property The purpose of the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2015 is to make necessary provision in law for obligations the State will assume under the 1954 Hague Convention on the Protection of Cultural Property in the event of Armed Conflict and its 1999 Protocol. Specifically, the Act creates offences prohibiting the destruction, damage […]
Recognition of Irish Sign Language The State recognises the right of Irish Sign Language users to use Irish Sign Language as their native language and the corresponding duty on all public bodies to provide Irish Sign Language users with free interpretation when availing of or seeking to access statutory entitlements and services.The community of persons using Irish Sign Language shall have the right to use, […]
Regulation The Board may make guidelines to control the establishment, layout, construction and maintenance of greyhound race tracks or the use of equipment at such tracks. Enforcement of guidelines in this area is dealt with by way of the track licensing regime. The training of greyhounds for reward, the public sale of greyhounds and the artificial insemination of greyhounds are regulated. It is an offence […]
Reform Building on the Indecon Report into certain aspects of the horseracing industry, the purpose of the 2016 Act is to strengthen governance and transparency within the Racng Regulatory Body (RRB), and provide for streamlining of certain administrative functions. The 2016 Act extends the definition of – “integrity services” to allow the RRB ensure that horses are run fairly and properly without being limited to […]
Bodies The Racing Board was established in 1945 and replaced in 1994. It comprised 11 members appointed by the Minister for Finance in consultation the Minister for Agriculture. The Irish Horseracing Authority consisted of 15 members, four nominated by the Minister for Agriculture, one of which was Chairman and one was representative of the industry in Northern Ireland. The remaining 12 members were selected by […]
Licensing of Bookmakers The 2015 Act is designed to provide a regulatory system for remote bookmakers and betting intermediaries (betting exchanges) offering betting services in Ireland, regardless of location. It provides for a fair and equal treatment of all bookmakers and betting exchanges, including bodies corporate, offering services in Ireland and will bring into the licensing and taxation regime all remote bookmakers and betting intermediaries […]
Bookmakers’ Levy The Horse and Greyhound Racing Betting Charges and Levies Act 1999 amended the provision in respect of bookmakers levy. The Act provided that the Board may form companies for its functions including in particular the operations of the totalitsor. It may take total or partial control of such companies. A licensed bookmaker who enters into a bet at a race other than by […]
Bord na gCon The Greyhound Industry Act 1958 established Bord na gCon. The Board consists of seven members, a Chairman and ordinary members. The Chairman is appointed by the Minister for Agriculture. The Minister appoints six persons as ordinary members of the Board for a five-year period. The Board may appoint Chief Officers, other officers and employees subject to procedures it deem fit. No officer […]
National Gallery The National Gallery of Ireland was established under act of Parliament in 1854. It opened to the public in 1864 and now houses 13,000 items. This includes over 2500 oil paintings and 10,000 other works in different media. The administration of the institution is divested in the Board of Governors and Guardians. The Board consists of seven up to 17 members. The Gallery […]
Background & Ardmore The making of films in Ireland proved difficult and challenging in the early years of the State. There was insufficient capital and return for Irish-themed films, so the indigenous film industry never reached fruition. The State established National Films Studios at Ardmore in Bray in the late 1950s. They were designed to attract bigger-budget films. Through the 1950s, ’60s, and early 1970s, […]
Clubs & Associations An unincorporated club is a group of persons who associate together for social purposes or for the promotion of politics, sports, art, literature. In broad terms, the purpose can be anything except for business or financial gain. In this latter event, a trade or partnership may be held to exist. The purpose of social intercourse may be combined with other purposes. The […]
2003 Act The Official Languages Act 2003 seeks to formalise the position of the Irish language within the State. It seeks to promote the use of Irish for official purposes, to set out duties of governmental bodies in relation to the official languages. It establishes a Language Commissioner. The Act was to be commenced within three years of enactment. The Minister is to make an […]
Minister & Public Bodies The Department of Arts, Heritage and the Gaeltacht was established in 2011 after the re-organisation of departments and a change of government. The Department has responsibility for the conservation, preservation, protection and development of Ireland’s heritage and culture. This includes in particular, the Irish language, the Gaeltacht and Islands. The Official Languages Act lists public bodies to which it applies. The […]
Functions The 2003 Act established the National Tourism Development Authority. The Authority may, for operational purposes, describe itself as Fáilte Ireland. The general functions of the Authority are to— encourage, promote and support (either inside or outside the State)the development of tourist traffic within and to the State, the development and marketing of tourist facilities and services in the State, encourage, promote and support the […]
Tour Operator Licence A person may not carry on the business of a tour operator or travel agent nor hold themselves out as carrying on such persons without a licence granted under the Transport Tour Operators and Travel Agents Act. The Minister for Transport may grant a licence in accordance with legislation if satisfied the person complies with the requirements.The Minister must be satisfied that […]
Tourism Board / NTDMA The National Tourism Development Authority formerly An Bord Failte, The Tourism Board is the regulator and promoter of tourism and the hospitality industry. In 2003, the National Tourism Development Authority took over the functions of Bord Failte and certain other associated tourism promotion companies. The Authority has delegated services to a subsidiary company. They also contract certain functions to an authorised […]
Status of Language Article 8 of the Constitution provides that the Irish language as the national language is the first official language. The English language is recognised as the second official language. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part of […]
Language Planning Areas The Gaeltacht Act 2012 provides for a statutory language planning process and amends the functions and constitution of Údarás na Gaeltachta. The existing Gaeltacht is designated as a number of Gaeltacht language planning areas. The areas are with reference to language planning criteria rather than geographical criteria as had formerly applied. This follows the recommendations of the comprehensive linguistic study of the […]
Legal Terms Advisory Committee The Irish Legal Terms Act 1945 provided for the purpose of law of standard equivalence in the Irish language for certain terms and to provide for the publication of legal forms and precedence in the Irish language. It established an Irish Legal Terms Advisory Committee. The Committee consisted of Judges of each of the principal Courts, a practising barrister nominated by […]
Arts Council The Arts Council is the development agency for the arts in Ireland. It supports individual creative and interpretive artists. The Council is an independent state body. The Act provides for an Arts Council comprising a Chairperson, and 12 ordinary members. There is provision for rotating membership. The first membership is appointed and comprises six members who serve for 30 months and six for […]
Background The first heritage bill was proposed in 1982 and a non-statutory national Heritage Council was established in 1988. Working on the draft bill was commenced. A statutory heritage Council was established by the Heritage Act 1995. The legislation defines the responsibility of the heritage Council. The national heritage is defined in a wide term. It includes monuments, archaeological objects, heritage objects, architectural heritage, flora, […]
National Monuments The National Monuments Legislation is designed to protect and preserve national monuments and archaeological objects. A monument is any artificial building or partly artificial building or structure. Any stone or other natural product that has been artificially carved, sculptured or worked upon Any prehistoric tomb, grave or burial deposit or ritual, industrial or habitation site Any place comprising remains or traces of any of […]
Background The compilation of statistics commenced in the first half of the 19th century. The first comprehensive population census was undertaken in 1841. Marriage, births and death statistics were maintained after commencement of the relevant legislation. The statistics branch was established within the Department of Industry and Commerce in 1922 and was ultimately given statutory effect in the Statistics Act, 1926. The CSO was established […]
Background The Dublin Society was founded in 1731 as the Dublin Society for Improving Husbandry, Manufactures and other Useful Arts and Sciences. It received a Royal Charter in 1750, becoming the Royal Dublin Society. Although it was a private society, government recognised its usefulness by providing an annual grant. A Select Committee was established in 1836, to inquiry into the administration of the Royal Dublin […]
Institutions Archives in Ireland are managed by a number of institutions. The most important is the National Archives. A number of local authorities maintain archives as do educational and cultural bodies. The Manuscripts Department of the National Library and the Military Archives are also of importance in this context. The National Archives was created under the National Archives Act 1986, commencing in 1988 when the […]
Sports Council The Irish Sports Council was established under legislation in 1999 to encourage participation in sports. This covers recreational and quasi-professional, competitive and quasi-professional participation. The legislation incorporated the Irish Sports Council. It deals with drug abuse. It may take action as it considers appropriate to combat doping in sport. An anti-Doping Committee is to be established to assist and advise the Council in […]
EU Rights to Do Business The Famous Bosman case found that the Belgium Football Association Rules contravened European Union law on freedoms to establish and provide services throughout the EU. It has been held since the early days of European Union that sports is an economic activity subject to EU law, Cultural significance is a factor but cannot preclude the application of basic EU law […]
Authority The Adventure Activities Standards Authority Act 2000 provided for the establishment of the Independent Adventure Activities Standards Authority, procedural aspects of the Authority’s operation, mandatory codes of practice, implementation by the Authority of a mandatory regulatory scheme, including circumstances under which it may direct suspension or cessation of particular activities in relation to non-compliance. The functions of the Authority are as follows: promote, encourage, […]
Abuse of Dominance See generally the sections on competition law at national and EU level. General principles of competition law arise in various contexts in relation to sports. Many Sporting organisations have a monopoly. Various sporting organisations have a effective monopoly in relation to the organisation of certain sports. They are accordingly subject to the rule against abuse of dominant position. Where clubs and sporting […]
Contact Sports Contact sports may raise issues in relation to criminal liability for a person’s act wholly outside the rules. Some so-called sports may be criminal in themselves. Some sports involve actions which, without the consent given in the course of the rules, will constitute criminal assault. A person participating in sports consents to activities within the scope of the rules of the game. Any […]