Written answers
Wednesday, 28 September 2005
Department of Environment, Heritage and Local Government
Legislative Programme
9:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 1366: To ask the Minister for the Environment, Heritage and Local Government 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. [24908/05]
Dick Roche (Wicklow, Fianna Fail)
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The information requested is set out in the following table:
| Provision not commenced | Expected commencement date | Reason commencement order not made to date |
| Air Pollution Act 1987: Section 9 | This section provides for the repeal of certain Acts and regulations in whole or in part. While section 9 has been commenced in respect of some provisions, others are still extant and it is not appropriate to commence the remainder of this section as yet. | |
| Air Pollution Act 1987: Section 25 | The need for the Minister to commence this section has not arisen to date. | |
| Electoral Act 1997: Section 78 | Not possible to indicate at this stage | Section 78 not commenced pending further consideration of the issues involved. |
| Electoral Act 1997: Section 79 | Not possible to indicate at this stage | Section 79 not commenced pending further consideration of the issues involved. |
| Electoral (Amendment) Act 2001: Section 17 | Will not be commenced for reason indicated across | Amendment provided for in Section 17 is related to the return of deposits and is no longer necessary following the High Court decision in the Redmond case. |
| Electoral (Amendment) Act 2001: Section 22 | December 2005 | Section proposed to be commenced once the practical arrangements for including additional information on the polling information card are finalised. |
| Electoral (Amendment) Act 2001: Section 53 | Will not be commenced for reason indicated across | Amendments have been made in sections 12 and 26(2) of the Local Government Act 2001. |
| Electoral (Amendment) Act 2001: Section 54(k) | Will not be commenced for reason indicated across | Not necessary following the abolition of the title of Alderman in the Local Government Act 2001. |
| Electoral (Amendment) Act 2004: Part 2 except Section 5(4); Sections 30, 32; Schedules 1-4. | Not possible to indicate at this stage | Under consideration in the context of ongoing work in relation to electronic voting and counting. |
| Environmental Protection Agency Act 1992: Sections 102 and 103 | No plans to commence | These sections deal with assigning powers to EPA to make air and water quality management plans, and to set air and water quality standards. The need for EPA to use these powers has not arisen to date as such management plans are made by local authorities and relevant quality standards have been set using other legislative provisions. |
| Environmental Protection Agency Act 1992: Section 105 | No plans to commence | This section provides for the holding of enquiries by EPA into incidents of environmental pollution. Since the Act was enacted, no incident has arisen which would warrant the type of inquiry envisaged. Incidents of environmental pollution can also be investigated by EPA under section 104, which has been amended. |
| Housing (Miscellaneous Provisions) Act, 2002: Sections 4 (part of), 11, Schedule 1 (part of) | Will not be commenced | Provisions related to the payment of the new house grant, which has since been abolished |
| Housing (Miscellaneous Provisions) Act, 2002: Sections 17(a), 17(b), 17(e), Schedule 2 | Commencement will be considered when examinations referred to over have been completed. The section on direct lending to voluntary housing bodies could not be commenced until state aid clearance was received from the European Commission | Provisions allow for the Housing Finance Agency (HFA) to lend to local authorities for infrastructural purposes related to housing and to lend directly to voluntary housing bodies. HFA lending for infrastructural purposes is being examined by the Commission under the state aid notification process. Such clearance was given in June 2004 for direct lending to voluntary housing bodies. The HFA, the Department and the voluntary and co-operative housing sections are in discussions on appropriate procedures to govern lending. |
| Housing Act 1988: Section 8 | Overtaken by subsequent Acts | Planning and Development Act 2000 requires local authorities to provide housing strategies which look at housing need in their particular area. In addition local authorities must prepare five year social and affordable action plans. |
| Housing Act 1966: Section 115 | Commencement deferred for broader policy analysis. Overtaken to some degree by subsequent Acts in the Planning area. | Sections 147 and 148 of the Planning and Development Act 2000 contains sections relating to disclosure of interests by members |
| Licensing of Indoor Events Act, 2003: Parts 1 and 2 | Late 2005/Early 2006 | Consultation with other Departments and event industry representatives still ongoing on draft regulations being made to provide for the administration of the new licensing system. |
| Local Government Act 2001: Part 3, Section 22 Part 4, Section 23 Part 8 Part 11 Part 17 Schedule 11 | These provisions relate to the establishment and functions of the Local Government Commission. The steps necessary to commence the provisions are being considered. | |
| Local Government Act 2001: Part 18, excepting section 197 Part 19 Part 20 Part 22, Sections 223 & 230 | These enabling provisions, almost all of which replace legislation currently in force, will be commenced in due course. | |
| Local Government Water Pollution Act 1977: Section 25 | Commencement is not envisaged | The section is regarded as too narrow to provide for the establishment of, say, river basin district authorities. Having regard to the very wide scope of the water framework directive (not merely "water quality") it would be necessary to provide for a more broad-based statute in the event that it is ever decided to establish some form of authorities to address water quality managment on the basis of river basin districts. |
| Wildlife (Amendment) Act 2000: Regulation of Commercial Shoot Operators: Section 36 | Before end of 2005 | Consultation with all of the stakeholders on the regulations to be made under the section before making the commencement order |
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