Written answers

Wednesday, 28 September 2005

Department of Arts, Sport and Tourism

Legislative Programme

9:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 631: To ask the Minister for Arts, Sport and Tourism if he will provide a list of the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not yet in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [24899/05]

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Fianna Fail)
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I gave effect to the principal outstanding provisions of the National Cultural Institutions Act 1997 in May of this year under statutory instruments. These conferred non-commercial semi-State status on the National Library of Ireland and National Museum of Ireland and established new statutory boards for both institutions. There are some provisions however, that remain to be enacted. These relate primarily to the mandatory deposit of certain material with the National Library and export licensing of various articles defined under section 49 of the Act. These are issues that will have an impact on the operations of both of these institutions.

In advance of the introduction of these additional powers it is necessary to consult with the newly established statutory boards of each of the institutions and with other interested parties. This process is under way and when the legal and resource implications have been identified and addressed the relevant orders will be prepared. It is hoped that the relevant orders can be prepared early next year.

In addition there are sections of the Tourist Traffic Acts 1939-2003, that require the Minister to make a commencement order to give them effect, that are not yet in operation. These are as follows. The Tourist Traffic Act 1939, section 37A, inserted by the Tourist Traffic Act 1957; section 37C, inserted by the Tourist Traffic Act 1970; and section 37D, inserted by the Tourist Traffic Act 1983.

These sections of the Tourist Traffic Acts make it unlawful for proprietors or occupiers of certain types of premises — that is, motor hotel, motel, coach hotel, motor inn, motor court, tourist court — the 1957 Act; holiday cottage, approved holiday house, approved holiday home, approved holiday villa — the 1970 Act; and holiday apartment, tourist apartment, apartotel or holiday flat — the 1983 Act — to describe or hold out these premises as a motor hotel or motel, etc., unless these premises are registered as such by Fáilte Ireland. The fine payable on summary conviction is set at €500 with a continuing fine of €20 per day, not exceeding €300 in all, for each day during which the offence is continued.

In the course of a review of the provisions of the Tourist Traffic Acts in 2003, the matter was discussed with Fáilte Ireland which has day-to-day operational responsibility for the registration and grading of tourism accommodation. On foot of its advice, it is considered unnecessary for the continuing effectiveness and efficiency of its administration of its registration and grading functions to bring these sections into force.

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