Written answers

Tuesday, 2 February 2010

Department of Justice, Equality and Law Reform

Commencement of Legislation

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 380: To ask the Minister for Justice, Equality and Law Reform the dates on which the Criminal Justice Surveillance Act, 2009, the Criminal Justice Miscellaneous Provisions Act, 2009 and the Criminal Justice Amendment Act 2009 were signed into law by the President following the passing of the legislation; when the enactment and commencement order was signed by the Minister in each case thereby giving full effect to the implementation of the legislation; the extent to which he made regulations or created statutory instruments in respect of any of the Acts; if he gave any directions or instructions or if he issued any circular that may have the effect of restricting the full implementation of any part, sector or sub section of any of the Acts which may in turn impede the efforts of the gardaí in the fight against organised gangland crime; and if he will make a statement on the matter. [5022/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice (Amendment) Act 2009 was enacted in full on 23 July 2009. Section 14 of this Act inserted a new provision, section 26A, into the Criminal Justice Act 2007 which introduces post-release (restrictions on certain activities) Orders which can be applied by a court to persons convicted of certain offences. Under the provision, the Minister shall prepare a scheme specifying two or more categories of restrictions and conditions that may be imposed by way of such an order. A draft of the Scheme must be laid before both Houses of the Oireachtas and this was done on 19 January 2010. A resolution seeking the approval of both Houses to the draft Scheme will be put before the Houses in due course. No directions, instructions or circulars have been issued in respect of the Act.

The Criminal Justice (Surveillance) Act came into force on the 12 July 2009 following its signing into law by the President. All of the provisions came into force on that date. S.I. No. 275, which prescribes the form of written records of approval granted under sections 7 and 8 of the Act, was signed by the Minister on 20 July 2010. No directions, instructions or circulars have been issued in respect of the Act.

The Criminal Justice (Miscellaneous Provisions) Act, 2009, was enacted on 21 July 2009, and, having regard to the variety of matters coming within this enactment, provision was made for the sections to be commenced by Order of the Minister. Most of the Act is in force, as indicated in the detailed Table below. Other than in respect of the provisions referred to in the Table, those sections not commenced at present, are: sections 36, 38, 47, 52, and Part 3 of the Act (sections 21 to 24 inclusive); that Part relates to the Schengen Information System. No directions, instructions or circulars have been issued in respect of the Act.

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