Róisín Shortall (Dublin North West, Labour)
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Question 181: 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. [25294/06]

Martin Cullen (Waterford, Fianna Fail)
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Commencement orders in respect of Part 8 and section 130 of the Railway Safety Act 2005 have yet to be made. Part 8 of the Act provides for the establishment of a Railway Safety Advisory Council to advise both the Minister for Transport and the Railway Safety Commission on issues relating to railway safety. This part should be commenced before the end of the year. A commencement order in respect of Section 130 of the Act which provides for the increase in the level of the CIE guaranteed borrowing power from €317m to €600m is expected to be made in early July 2006.

Section 16 of the Road Transport Act 1999 provides for an on-the-spot fine system, in lieu of prosecution, for offences under the Road Transport Acts and under Regulations on drivers' hours and rest periods. That Act was commenced by means of a Statutory Instrument made in 1999. It was intended to commence section 16 by means of that Statutory Instrument but, following discussions with the Office of the Attorney General, advice was received that primary legislation would be required to bring this section into effect.

The Road Traffic Bill 2006, currently before the Dáil, contains provisions for the extension of the Fixed Charge Notices system to allow for the inclusion of the offences originally provided for under Section 16 of the Transport Act 1999. These provisions will replace the system provided for under Section 16 of the 1999 Act. I intend, therefore, to make provision in the Road Traffic Bill, by way of an amendment, for the repeal of Section 16 of the Road Transport Act 1999.

A commencement order to give effect to remaining provisions of Section 23 (repeals) of the Road Transport Act 1999 has yet to be made. The Road Transport Operating Licensing Division of my Department is planning to undertake a major project on consolidation of the Road Transport legislation and this will include a number of repeals of any outdated or defunct legislation.

There are no plans at present to commence Part 5 of the Road Traffic Act 2004. Its provisions were included in the Road Traffic Act 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. The provisions of section 93 of the Road Traffic Act 1961 relating to protection of bridges from excessive burdens, as amended by section 61 of the Road Traffic Act 1968, 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.

Sections 11 and 12 of the Road Traffic Act 2002 relate to the operation and enforcement of the fixed charge system and, in the case of section 11, to the operation and enforcement of the penalty points system. These provisions, except in so far as already commenced up to 3 April 2006, will be progressively commenced as the operation and enforcement of the fixed charge system and or, penalty points system, is extended to the specified offences. Section 13 of the Road Traffic Act 2002 is a broad enabling provision. There are no proposals to commence this section at this time. It is proposed that consideration will be given later in 2006 to the transfer of functions required under section 16 of the Road Traffic Act 2002 to local authorities.

Commencement of section 35 requires further consultation with the Commission for Taxi Regulation, An Garda Síochána and the Courts Service, to ensure that the appropriate arrangements for implementation are in place. Commencement of the remaining subsections (1), (1A), (2), (5) and (6) of section 36, (as amended by section 36 of the Road Traffic Act 2004) requires further consultation with the Commission for Taxi Regulation, An Garda Síochána and the Courts Service, to ensure that the appropriate arrangements for implementation are in place. Section 44 (5) of the Taxi Regulation Act 2003 will not be commenced pending the full commencement of section 36 of that Act.

Provisions of the Aer Lingus Act 2004 which provide the legal framework to facilitate a third party investment in the company will be commenced as appropriate in the lead in to an investment transaction and the provisions which facilitate ESOT Board representation will commenced as required.

The establishment of an Adventure Activities Standards Authority under the Adventure Activities Standards Authority Act 2001 is being reviewed in the light of the decision that the safety services provided by my 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 that there is no duplication of responsibilities and that the most effective and efficient structures are put in place.

The Sea Pollution (Hazardous Substances) (Compensation) Act 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 which 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.

A commencement order is currently being prepared for the commencement of sections 86 and 87 of the Harbours Act 1996. Commencement of these sections of the Act were not required to date but an order is now being prepared in light of Government policy regarding the transfer of regional harbours to local control.