Ruairi Quinn (Dublin South East, Labour)
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Question 1141: To ask the Minister for Education and Science if she will provide a list of the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of her Department, or for the commencement of which her 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 she will make a statement on the matter. [24906/05]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Education for Persons with Special Educational Needs Act was enacted in July 2004. On 14 July 2005, sections 1, 2, 14(1)(a), 14(1)(c), 14(2) to 14(4), 19 to 37, 40 to 44, 50 to 53 and both Schedules to the Act were commenced. Separate establishment day orders were made in respect of the National Council for Special Education and the Special Education Appeals Board, setting their establishment dates as 1 October 2005 and 3 April 2006, respectively. A further commencement order was signed to commence sections 45 to 49, with effect from 1 October 2005, abolishing the council established under section 54 of the Education Act 1998 and replacing it with the council established under the 2004 Act. These sections could not come into effect prior to the establishment of the new council under section 19 of the 2004 Act. The remaining sections relate mainly to the statutory assessment and education plan process for which the Act provides. These cannot come into effect without the council having an opportunity to present an implementation report to the Minister, which it must do before 1 October 2006.

The Grangegorman Development Agency Act was enacted in July this year. It is not possible to estimate a likely commencement date for the provisions for this Act. Consultations are ongoing with interested parties in this regard. As the Deputy is aware, there was much cross-party consensus on the provisions of this Act. The agency will require the involvement of the Minister for Health and Children, the Health Service Executive, the Dublin Institute of Technology and the people of the Grangegorman neighbourhood in the course of its development. Upon establishment, the agency will produce a strategic plan for the site. It is envisaged that commencement of the whole Act would take place simultaneously rather than though a series of separate orders.

Part 2 of the Disability Act 2005 provides a statute-based right to an assessment of disability-related health, personal social service and education needs. The process is independent of existing services or cost constraints. The quality of the assessment will be supported by standards to be developed by the proposed Health Information Quality Authority. Work is ongoing in the Department to put in place the structures and services that will be required to meet these obligations. Consultation with statutory bodies and stakeholders will form an integral part of this process.

Part 10 of the Children Act 2001 relates to the governance and operation of children detention schools. Section 159(1) of the Act has been commenced for the purpose of allowing three representatives of children detention schools to be appointed to the Special Residential Services Board. As a result of the youth justice task force report, the Cabinet committee on social inclusion has decided that the Department of Justice, Equality and Law Reform should assume responsibility for these detention centres. My Department is working with the Departments of Justice, Equality and Law Reform and Health and Children on the necessary legislation to give effect to this decision. As this will result in changes to Part 10, it is not possible to commence these provisions at this time.

Thirty-one of the 38 sections of the Vocational Education (Amendment) Act 2001 have been partially or fully commenced. Those not yet commenced include changes in accounting functions which cannot be commenced until the transition to accrual accounting in VEC accounts is completed, and participation by institutes of technology in limited liability companies, which is being reviewed in the context of the Institutes of Technology Bill.

The Teaching Council Act 2001 has been commenced to the extent necessary to allow for the holding of elections. These were held last year. The Act requires the council to be in a position to perform certain functions from the day it is formally established. These functions include laying down procedures and criteria for teacher registration and taking over the functions of the registration council. Getting ready to do these tasks will take some time. Therefore, a target date of 1 March 2006 has been set as the establishment day for the council. This will allow the council members and staff time to get this work done.

Nine sections of the Youth Work Act 2001 were commenced in April 2002. In addition to technical provisions, the commencement included sections dealing with the appointment and role of the National Youth Work Advisory Committee, NYWAC, and the designation of bodies as national youth work representative organisations for the purposes of nominating members to NYWAC.