Written answers
Wednesday, 25 January 2006
Department of Transport
Commencement Orders
8:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 892: To ask the Minister for Transport 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 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. [2298/06]
Martin Cullen (Waterford, Fianna Fail)
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The information sought by the Deputy is outlined in the following table:
| Section of Act not yet in force | Provisions of section | What is the current position? |
| Taxi Regulation Act 2003 — section 35. | Section 35 provides that any decision made to refuse to grant, suspend or revoke a licence can be reviewed at the request of the applicant or licence holder and that where the decision is upheld; an appeal can be made to the District Court. It provides for a revised appeals procedure to that contained in existing regulations. | Commencement of this section will require some prior consultation with and briefing of the licensing authorities, local authorities and an Garda Síochána, as well as consultations involving the Commission for Taxi Regulation and the Courts Service, to ensure that the appropriate arrangements for implementation are in place before it is commenced. |
| Taxi Regulation Act 2003 — section 36, as amended by section 36 of the Road Traffic Act 2004 (No. 44 of 2004). | Section 36 introduces a system of automatic disqualification from applying for or holding a licence for those who have been convicted of one of a range of very serious offences. The section includes provisions through which a person who is affected by this provision can request the courts to allow them to apply for a licence in certain restricted circumstances. In addition, where a person has committed one of a number of serious traffic offences he or she will be disqualified from holding a licence to drive a small public service vehicle for a period additional to any driving disqualification that is applied. Some amendments were made to section 36 in section 36 of the Road Traffic Act 2004. | Commencement of this section requires further consultation with and briefing of licensing authorities, an Garda Síochána, the Courts Service, the Commission for Taxi regulation and others, to ensure that the appropriate arrangements for implementation are in place. Specific legal advice on a number of issues surrounding the practical application of the section has been sought from the Office of the Attorney General. It will be necessary to give an appropriate period of advance notice of the proposed commencement of this section to allow persons who may be affected by the provisions, in particular existing licence holders, to clarify their position with the courts. Commencement of the section will be considered in consultation with the Commission for Taxi Regulation, when the legal and administrative issues have been resolved. |
| Taxi Regulation Act 2003 — section 44(5). | This subsection specifies the penalties to be applied on Conviction for an offence under section 36(6) of the Act. | This subsection will not be commenced pending the commencement of section 36 of the Taxi Regulation Act 2003. |
| Road Transport Act 1999 — section 16. | This subsection provides for an "on-the-spot" fine in lieu of prosecution for offences under the Road Transport Acts and EU regulations on drivers' hours and rest periods. | A commencement order has not been made in respect of Section 16 of the Road Transport Act 1999. This section provides for a payment in lieu of prosecution system for offences under the Road Transport Acts and regulations on drivers' hours and rest periods. It was intended to use Section 16 as the basis for a fixed penalty charge system for such offences. However, the Office of the Attorney General has advised that a new provision in primary legislation is necessary for the type of fixed penalty system envisaged. As a result, there are no plans to commence Section 16 of the Road Transport Act 1999. |
| Road Transport Act 1999 — section 23. | When the Road Transport Act, 1999 was commenced by S.I. 264 of 1999, Section 24 provided for the exclusion of Sections 4 to 8, 11, 16 and 23 as certain procedures had to be put in place. Since September, Sections 4 to 8, 11 and certain provisions in the schedule of repeals (Section 23) were commenced. | A commencement Order is required to give effect to the remaining provisions of Section 23 (Repeals) of the road Transport Act 1999, concerning technical drafting issues consequent on forthcoming consolidation of legislation. |
| Section of Act not yet in force | Provisions of section | What is the current position? |
| Aer Lingus Act 2004 — sections 3,4 and 5 making provisions to facilitate third party investment, section 6 relating to Board representation and section 9 relating to new pension schemes. | Provisions for the legal framework to facilitate third party investment in the company and other provisions relating to ESOT Board representation and new pension schemes. | Provisions, which provide the legal framework to facilitate third party investment, will be commenced immediately prior to an investment transaction. Provisions relating to ESOT Board representation and new pension schemes will be commenced as required. |
| Road Traffic Act 2004 — Part 5. | Provisions were included to deal with the possibility that the current unlimited liability for third party motor insurance cover could prove to be unsustainable in the market. | This situation has not arisen and therefore Part 5 has not been commenced. |
| Road Traffic Act 1961 — section 93 as amended by section 61 of the Road Traffic Act 1968. | These provisions relate to the protection of bridges from excessive burdens. | These provisions are being examined in the context of the review of the Traffic Signs Manual (1996) that is being undertaken at present. A decision regarding the commencement of this section will be taken when that review is completed. |
| Road Traffic Act 2002 — section 9, as amended by section 25 of the Road Traffic Act 2004 (and associated Second Schedule to 2002 Act). | Provisions relating to disqualification pursuant to the European Convention on Driving Disqualification . | These provisions will be commenced when reciprocal measures at national and international level are in place. |
| Section 12 (1),(3) & (4) of the Road Traffic Act 2002, as amended by section 23 of the Road Traffic Act 2004, together with the related Parts 1,2,3,4 and 5 of the First Schedule Penalty Points of the Road Traffic Act, 2002. | These provisions relate to the application and enforcement of the fixed charge system and the application of penalty points system to certain road traffic offences. | These provisions, except insofar as already commenced, will be progressively commenced as the operation and enforcement of the fixed charge system is extended to the specified offences. This will occur once the Garda Siochana information technology processing system and related administrative supports are in place. |
| Sections 13 and 14 of the Roads Traffic Act 2002. | These are broad enabling provisions. | There are no proposals to commence these sections at this time. |
| Road Traffic Act 2002 — section 16 | This section provides for the replacement of section 85 of the Principal Act and introduces a new statutory framework for determining the location and use of bus stops. The principal change is to transfer from the Garda Commissioner to road authorities of decision-making in this matter. | It is proposed that consideration will be given to the transfer of functions required under section 16 of the Road Traffic Act 2002 to local authorities in 2006. |
| Road Traffic Act 2002 — section 17. | Section 17 provides for increased penalties for motor insurance offences compared with the penalties provided for in earlier Road Traffic legislation. | Commencement of Section 17 was deferred largely because of the preparatory work being put into the development of Part 5 of the Road Traffic Act 2004. Part 5 consolidates the original section 56 of the Road Traffic Act 1961 (and also increases the penalties for motor insurance offences) while also providing a framework to deal with the issue of a ceiling on motor insurance cover, if/when such is required. The question of a ceiling on liability is likely to arise when it is no longer possible for insurance companies to re-insure for their present unlimited exposure. The insurance industry has informed this Department that this situation will arise over the next year or so as re-insurance companies refuse to provide reinsurance cover for unlimited liabilities. Therefore Part 5 of the 2004 Act will not be commenced until the requirement for a limit on motor insurance is proven. |
| Section of Act not yet in force | Provisions of section | What is the current position? |
| Railway Safety Act 2005 — section 38 | Safety Management Systems and Safety Cases of railway undertakings | It is expected that this section will come into operation on 1st March, 2006. |
| Railway Safety Act 2005 — section 81 | Establishment of the Railway Safety Advisory Council. | It is expected that this section will come into operation on 1st April, 2006. Nominations for Council members are currently being sought by the Department. |
| Railway Safety Act 2005 — section 84 | Relates to intoxicants and persons working on railway infrastructure. | It is expected that this section will come into operation on 1st March, 2006. |
| Railway Safety Act 2005 — section 92 | Offences by persons working on railway infrastructure. | It is expected that this section will come into operation on 1st March, 2006. |
| Railway Safety Act 2005 — section 130 | Borrowings by CIE for Capital purposes. | Section 130 of the Act requires EU approval in relation to the proposed increase in the State Guarantee which is required for the proposed increase in the CIE borrowings limit. No date for a commencement order is available as yet. |
| Sea Pollution (Hazardous Substances) (Compensation) Act 2005, No. 9 of 2005 Enacted May 2005 | Gives effect in Irish law to the International Convention on Liability and Compensation for Damage in connection with the carriage of Hazardous and Noxious Substances by Sea, 1996. | The Convention has not yet entered into force internationally as not sufficient States are in a position to become Parties thereto. It is intended that the Commencement date for the Act should, if possible, coincide with international entry into force — this is not yet known. Section 28 of the Act amends the Merchant Shipping (Liability of Shipowners and Others) Act 1996 to give effect to the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976. Consideration is being given to commence this provision separately in advance of the remaining sections of the Act. |
| Adventure Activities Standards Authority Act, 2001 | The establishment of an Adventure Activities Standards Authority is being reviewed in the light of the Minister's decision that the safety services provided by the Department, in particular the Irish Coast Guard and Maritime Safety Directorate, be brought together in a single agency responsible for all elements of marine safety and emergency response services, to ensure there is no duplication of responsibilities and that the most effective and efficient structures are put in place. | Not known. |
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