Ruairi Quinn (Dublin South East, Labour)
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Question 659: To ask the Minister for Enterprise, Trade and Employment 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. [24900/05]

Micheál Martin (Cork South Central, Fianna Fail)
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Under the Industrial Development (Enterprise Ireland) Act 1998, in so far as Enterprise Ireland is concerned, section 18, staff of agency and subsidiaries of agency; section 19, staff of Forfás seconded to agency; and section 20, superannuation, have not been commenced. Similarly, in so far as IDA Ireland is concerned, section 36, staff of agency and subsidiaries of agency; section 37, staff of Forfás seconded to agency; and section 38, superannuation, have not been commenced. Section 50, transfer of staff from Forfás to NSAI, has not been commenced. These sections will not come into effect unless a ministerial order bringing them into effect is made. Arising from the terms of the Industrial Development Act 1993, which remain in force, Forfás is the overall employer of both its own staff and those of Enterprise Ireland and IDA Ireland. Superannuation for these staff is also a matter for Forfás.

The Industrial Development (Enterprise Ireland) Act 1998, made provision to allow certain agencies to assume the role of employer, subject to ministerial order, should this become necessary at some time in the future. I have no plans to make such an order. In the same way section 18, staff of foundation; section 19, secondment of staff of Forfás; and section 20, superannuation, of the Industrial Development (Science Foundation Ireland) Act 2003 have not been commenced.

Under the Copyright and Related Rights Act 2000, sections 98 and 247, concerning free playing of sound recordings, including performances embodied in sound recordings, at functions organised by small, non-commercial clubs and societies, have not been commenced and there is no proposal to commence them. It was not considered necessary or desirable to commence these sections in view of an undertaking by the representatives of the holders of copyright rights in sound recordings that they would not pursue payment for public performances of their intellectual property in such situations, given that the distinction between small, non-commercial clubs and societies and enterprises of an intermediate nature, such as student union discos, is difficult to define. The question of commencement of these sections remains under constant ongoing review.

Section 198 of the Copyright and Related Rights Acts 2000 concerning the updating of existing arrangements for the deposit of books in certain designated libraries, has not yet been commenced. This section of the Act does not change pre-existing arrangements significantly, except in so far as it consolidates the effect of a number of earlier Acts in this area, and entitles deposit libraries to electronic, as well as paper, copies of books deposited, should they so require. As the commencement of this section would have little, if any, practical implications for the work of deposit libraries, its commencement was not considered a priority. However, it is intended to commence it in the near future, following final consultation with the Department of Arts, Sport and Tourism in the matter.

Section 199 of the Copyright and Related Rights Act 2000 concerning the amendment of the National Cultural Institutions Act 1997, to provide for a scheme of deposit of certain non-book materials, for example, video tapes, to the National Library of Ireland for the purposes of maintaining a collection of such materials as national cultural deposits, has not yet been commenced. The question of whether commencement of this section is now opportune will be considered by my Department in consultation with the Department of Arts, Sport and Tourism, in the context of upcoming intellectual property legislation.

Under the Company Law Enforcement Act 2001, section 109, dealing with administrative fines, will be commenced when the Office of the Director of Corporate Enforcement, ODCE, confirms that it is in a position to implement this provision.

Section 37 of the Companies (Auditing and Accounting) Act 2003, dealing with auditor reporting to the ODCE, has not been commenced pending the completion of a consultation exercise with the relevant professional bodies. The ODCE wishes this provision to be commenced no later than 1 January 2006. Section 42 of the Companies (Auditing and Accounting) Act 2003, dealing with audit committees, is planned for commencement within a few months, and the ODCE will initiate a consultation exercise on the subject shortly. Section 45 of the Companies (Auditing and Accounting) Act 2003, dealing with directors' compliance statements, has yet to be commenced, although ODCE guidance on the matter is available. The review of the provision by the company law review group will go to Government for decision shortly.

Section 31 of the Investment Funds, Companies and Miscellaneous Provisions Act 2005, IFCMP Act, concerning repeals of existing market abuse law has not been commenced as it relates to unregulated markets. Section 37 of the Act provides that the Minister may, by order, apply certain provisions of market abuse law to a specified unregulated market. My Department is currently consulting with relevant parties in preparation for making such an order relating to the new unregulated market — the Irish Enterprise Exchange, IEX. The repeals in section 31, as they apply to the IEX, will be commenced to dovetail with the commencement of that order. As provided for in the Act, the section 37 order is required to be confirmed by an Act of the Oireachtas.

Sections 57, 58 and 71 of the IFCMP Act, relating to electronic filing of papers in the Companies Registration Office, CRO, will be commenced once the CRO is in a position to implement the provisions. A draft forms order and commencement order have been prepared and will be signed shortly. Sections 59 and 60 of the same Act, relating to the reservation of a company name in the CRO, will also be commenced once the CRO is in a position to implement the provisions. The CRO is working on preparing draft orders.

Section 61 of the IFCMP Act, relating to amending a section in the Companies Act, was amended by a provision in the Companies (Auditing and Accounting) Act 2003, has not yet been commenced. This will be commenced on commencement of section 47(6B)(b) of the 2003 Act as outlined later. Section 62 of the IFCMP Act, relating to directors notifying change of name for several companies to the CRO, requires software development in addition to orders specifying forms to be used and fees to be applied before it can be commenced. It will be commenced once the CRO is in a position to implement the provision.

Section 69 of the same Act concerning the addition of the Irish auditing and accounting supervisory authority to the list of 'competent authorities' specified in section 21 (3) of the Companies Act 1990, is consequent on the establishment of the Irish auditing and accounting supervisory authority and will be commenced once that body has been established. Section 72 of the Act, relating to matters which will be required to be published in the CRO Gazette where they were previously to be published in Iris Oifigiúil, will be commenced once the CRO has put a procedure in place to implement this provision.

Section 10 of the Competition Act 2002, concerning the provision of information to juries, which was largely modelled on section 57 of the Criminal Justice (Theft and Fraud) Offences Act 2001, has not yet been commenced, as my Department understands that section 57 of the Criminal Justice (Theft and Fraud) Offences Act 2001 has not yet been commenced by the Department of Justice, Equality and Law Reform, pending the provision of the necessary facilities to the Courts Service to allow for the operation of that section.

In the case of the Companies (Auditing and Accounting) Act 2003, the main purpose of which is to provide for the establishment and functioning of the Irish auditing and accounting supervisory authority, IAASA, the following sections have yet to be commenced, although IAASA is operating on an interim basis. It has not been possible to commence sections on the establishment and functioning of the Irish auditing and accounting supervisory authority because further arrangements require to be put in train before IAASA can be established on a statutory footing. It is hoped to give statutory effect to IAASA in 2006.

It is intended to make a commencement order in the case of each of the sections and provisions listed under the following headings: the establishment and functioning of the Irish auditing and accounting supervisory authority — sections 4 to 33, inclusive, 36, 39, 48 to 50, inclusive, 58 and Schedule 1; corporate governance — sections 34, 41 to 45, inclusive; and miscellaneous provisions — sections 35, 37, 38, 40, 47(6B)(b), 51 and 59.

The principal corporate governance provisions relate to the director's compliance statement, section 45, and audit committees disclosure of audit remuneration, sections 42-44 respectively. As stated, the director's compliance statement has been referred to the company law review group for consideration. The outcome of this consideration also bears on aspects of the audit committee provisions. Sections 41, accounting standards, and 43, disclosure of accounting policies, are part of the corporate governance suite of measures, as is section 34, which amends section 182 of the Companies Act 1990, and it is considered desirable that they should be commenced at the same time. It is not envisaged that this should predate the establishment of IAASA. The timing of the implementing of sections and provisions outlined as "miscellaneous provisions" is contingent on a number of factors, including linkages with other legislative provisions.

Section 4(2) of the Safety, Health and Welfare at Work Act 2005 has not yet been commenced. That section provides for the repeal of those provisions that have not already been repealed of the following enactments: Boiler Explosions Act 1882; Boiler Explosions Act 1890; Mines and Quarries Act 1965; Dangerous Substances Acts 1972 and 1979; Safety in Industry Acts 1955 and 1980; and Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. The other provisions of the Safety, Health and Welfare at Work Act 2005, including those relating to the repeal of the Safety, Health and Welfare at Work Act 1989, came into operation on 1 September 2005.

As the Minister of State, Deputy Killeen, indicated in the course of the Oireachtas debates on Committee Stage in the Dáil on 23 November 2004 and on Committee Stage in the Seanad on 17 May 2005 of the then Safety, Health and Welfare at Work Bill 2004, he is anxious that progress be made as soon as possible and practicable on identifying those provisions that might be appropriate for repeal, or for repeal and replacement, as necessary and appropriate by regulations and/or codes of practice under the 2005 Act.

The following provisions of the Dangerous Substances Act 1972, relating to explosives, were never brought into operation: Part II; section 7 (1) and the Schedule in so far as they refer to the Towns Improvement (Ireland) Act 1854, the Explosives Act 1875, the Customs and Inland Revenue Act 1883, the Local Government (Ireland) Act 1898 and the Revenue Act 1909; section 7(2); and any other provision of the Dangerous Substances Act 1972, to the extent that the provision is applicable to or for the purposes of explosives within the meaning of section 9(1) of that Act.

It is the intention of the Minister of State, Deputy Killeen, to bring into operation section 4(2) of the Safety, Health and Welfare at Work Act 2005, which repeals the Dangerous Substances Act 1972, at the earliest opportunity.