Written answers

Tuesday, 4 March 2008

Department of Justice, Equality and Law Reform

Legislative Programme

9:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 478: To ask the Minister for Justice, Equality and Law Reform the number of Acts of the Houses of the Oireachtas introduced by his Department during the 29th Dáil which remain in whole or in part to be brought into force; the number of Acts he envisages will not be brought into force in the foreseeable future; and if he will make a statement on the matter. [8833/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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Of the 40 Acts of the Oireachtas enacted during the 29th Dáil which come under my Department's aegis, certain elements remain to be brought into force in respect of 6 such Acts, as set out below.

Name of ActSections yet to be brought into force
Data Protection (Amendment) Act 2003 (No. 6 of 2003)Section 5 of the Data Protection (Amendment) Act 2003 inserts a new Section 4(13) into the Data Protection Act 1988 to prevent "enforced subject access" in an employment context. This section will be commenced as soon as the ongoing expansion in the availability of criminal history vetting by the Garda Síochána is complete.
Private Security Services Act 2004 (No. 12 of 2004)All provisions with the exceptions of Sections 37 (part), 42 to 47 inclusive and Schedule 3 to the Act have been brought into force. Sections 42 to 47 and Schedule 3 will commence upon completion of consultation with the appropriate counterparts from other jurisdictions. The remaining parts of Section 37 will commence on a sector-by-sector basis in line with the continued roll-out of licensing of those sectors.
Civil Liability and Courts Act 2004 (No. 31 of 2004)Sections 30, 45, 46, 47, 48, 50, 51, 52, 53* have not been commenced as yet. Commencement of Section 30 will become technically feasible when all court offices have been linked to the necessary central database. The other 8 Sections all depend on the completion of revaluations by the Valuation Office to change the valuation from "rateable valuation" to "market value".
Criminal Justice Act 2006 (No. 26 of 2006)All sections have been commenced with the exception of the following: Sections 28, 30, 32 and 33 concern reforms to the firearms licensing system. They have not been commenced due to an ongoing process of consultation with shooting interest groups and An Garda Síochána regarding their implementation. Section 40 relates to reloading and has not been commenced due to Departmental concerns regarding its implementation.
Prisons Act 2007 (No. 10 of 2007)Part 2 will not be commenced as long as the existing arrangements continue to operate satisfactorily and cost effectively.
Criminal Justice Act 2007 (No. 29 of 2007)All sections have been commenced with the exception of the following:

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