Written answers
Wednesday, 16 July 2014
Department of Justice and Equality
Commencement of Legislation
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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218. To ask the Minister for Justice and Equality if she will provide in tabular form those Acts currently in force for which she has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if she will make a statement on the matter. [32007/14]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I wish to advise the Deputy that as Minister for Justice I have lead responsibility for a significant range of legislative functions and matters, span a very large of Acts, which cannot be easily listed in response to a Parliamentary Question, given the time and resource that would be required.
The Deputy may be interested in the "Legislation Directory Entry" facility on www.irishstatutebook.ie which provides, inter alia, information concerning commencement details re sections of individual Acts.
With respect to the request for details of those legislative provisions that have yet to be commenced in respect of legislation passed by the Oireachtas since 2011, please see tabled below.
Act | Details | Date of Commencement |
|---|---|---|
| Criminal Justice Act 2011 | Partially commenced. Section 5 of Part 1 and section 7 (c) and sections 9 to 14 of Part 2 have yet to be commenced. | It is expected that the remaining sections will be commenced shortly. |
| National Vetting Bureau (Children and Vulnerable Persons) Act 2012 | Yet to be commenced. | Elements of the Act concerning the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others v Chief Constable of Greater Manchester [2013]. Any modifications necessary to the Act will be addressed in advance of commencement by way of amendments to the Criminal Justice (Spent Convictions) Bill 2012 to which this Act is closely linked. That Bill is awaiting Report Stage in the Dáil and it is expected that the Act will be commenced this year |
| Criminal Justice Act 2013 | Section 5 of Part 2 has yet to be commenced. | Commencement of section 5 is not imminent. Progress on the negotiation of the proposed 4th EU Directive on Money Laundering will have a bearing on the issue. |
| Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 | Sections commenced are (a) section 1; (b) sections 2 and 109 in so far as those sections relate to sections 147 and 148; (c) sections 147 and 148. | A range of Commencement Orders will be required to commence the various other sections of this recent enactment in due course. |
| Fines (Payment and Recovery) Act 2014 | The Act will be commenced in stages. | It is expected that an order to commence the first stage which will provide for the payment of fines by instalments will be made at the end of 2014. |
| Property Services (Regulation) Act 2011 | Part 10 (Maintenance of Professional Competence of Licensees) | Intended to commence Part 10 during 2014. This will require the putting in place of a range of courses for licensed Property Service Providers. |
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