Written answers
Tuesday, 1 October 2013
Department of Justice and Equality
Legislative Process
Kevin Humphreys (Dublin South East, Labour)
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495. To ask the Minister for Justice and Equality if he will provide a list of the Acts or specific provisions of Acts under his Department that have not yet been commenced; if it is intended to commence the provision in each case; if so, when; and if he will make a statement on the matter. [40603/13]
Alan Shatter (Dublin South, Fine Gael)
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Following clarification from the Deputy I have interpreted the question to refer to Bills which have been enacted since the current Government took office on 9 March 2011. Details of the information sought is outlined in the table below:
Acts/Provisions of Acts Not Yet Commenced | Proposed to make a commencement order Yes/No | When commencement order will be made |
|---|---|---|
| Charities Act 2009 (No. 6 of 2009), with the exception of the following sections: 1, 2, 4, 5, 10 (other than subsections (3) and (4)), 90 and 99. | Yes | Currently planned for 2014. |
| Courts and Civil Law (Miscellaneous Provisions) Act 2013 - Part 7 Bankruptcy. | Yes | Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
| Personal Insolvency Act 2012 - Part 4 Bankruptcy. | Yes | Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
| Section 188 of Personal Insolvency Act 2012, subsection 4(b). | Yes | Commencement expected shortly. |
| Part 3 of Courts and Civil Law (Miscellaneous Provisions) Act 2013. | Yes | A draft set of amendments to the District Court Rules is currently being finalised by the District Court Rules Committee and I will commence Part 3 as soon as possible after the Courts' Rules Committees have completed their work. |
| Criminal Justice Act 2011 - Partially commenced. Section 5 of Part 1 and section 7 (c) and sections 9 to 14 of Part 2 have yet to be commenced. | Yes | Commencement expected shortly. |
| National Vetting Bureau (Children and Vulnerable Persons) Act 2012. | See note | Elements of the Act concerning the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others - v - Chief Constable of Greater Manchester [2013]. Any modifications necessary to the Act will be addressed in advance of commencement by way of amendments to the Criminal Justice (Spent Convictions) Bill 2012 to which this Act is closely linked. That Bill is awaiting Report Stage in the Dáil and is expected to be enacted this term. |
| Criminal Justice Act 2013. Sections 5, 15 and 16 of Part 2 have yet to be commenced. | See note | It is expected that sections 15 and 16 will be commenced in January. Operational preparations are under way to allow the Central Bank to assume the relevant functions in relation to trust or company service providers that are subsidiaries of credit or financial institutions. Commencement of section 5 is not imminent. Progress on the negotiation of the proposed 4th EU Directive on Money Laundering will have a bearing on the issue. |
| The Personal Insolvency Act 2012 - Part 4 Bankruptcy. | Yes | Awaiting the making of new Rules of Court on bankruptcy - expected shortly. |
| Property Services (Regulation) Act 2011 Part 10 (Maintenance of Professional Competence of Licensees) | Yes | Intended to commence Part 10 during 2014. This will require the putting in place of a range of courses for licensed Property Service Providers. |
Shane O Ceallaigh
Posted on 6 Oct 2013 7:29 pm (Report this comment)
Can the Minister for Justice, state to the public when his department & government intends to have both the fines act & spent convictions bill fully enacted. Could the Minister if possible provide a realistic time frame.
Thanks