Landers v Attorney General

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1975
• Date: 01 January 1975

(H.C.)

Landers

and

The Attorney General

Child - Singing talent - Statute restricting exploitation of talent - Prevention of Cruelty to Children Act, 1904 (4 Edw. 7, c. 15), s. 2 - Constitution of Ireland, 1937, Articles 40-42.

Section 2 of the Act of 1904 makes it a criminal offence for anyone who, having custody of a boy under 14 years old, allows such boy to be on premises licensed for the sale of intoxicating liquor for the purpose of singing for profit between 9 p.m. and 6 a.m.; or who, having custody of a child under 11 years old, for such purpose allows that child to be on such premises, or on premises licensed for public entertainment. The plaintiff's son, aged 8 years, had an exceptional singing voice and he was offered substantial sums of money to sing in public. The plaintiff and his wife allowed their son to sing for reward subject to certain conditions and precautions. All the boy's earnings were paid into a special bank account and his engagements were arranged by an experienced manager. Some of the boy's engagements were conducted on licensed premises. In 1971 the plaintiff and his son's manager were convicted of offences contrary to s. 2 of the Act of 1904 and his son's singing career was then abandoned. The plaintiff claimed in the High Court declarations...