Written answers
Thursday, 17 December 2015
Department of Jobs, Enterprise and Innovation
Commencement of Legislation
Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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230. To ask the Minister for Jobs, Enterprise and Innovation the details of the Acts currently in force for which he has lead responsibility and that have Parts or sections yet to be formally commenced, including the purpose of same, in tabular form; and if he will make a statement on the matter. [46287/15]
Richard Bruton (Dublin North Central, Fine Gael)
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Acts currently in force, for which I have lead responsibility which have parts or sections yet to be formally commenced, are as follows:
| Title of Act | Section yet to be formally commenced | Details or Purpose of Section |
|---|---|---|
| Consumer Protection Act 2007 | Sections 48 and 49 of the Consumer Protection Act 2007 have not been commenced as the Attorney General has advised that the provisions are incompatible with the maximum harmonisation nature of the Directive on Unfair Commercial Practices which was transposed into Irish law by the Consumer Protection Act 2007 | Section 48 prohibits traders, who accept payment for goods and services by different relevant methods (currently defined as cash, credit card, direct debit or any other method prescribed by the Minister for Jobs, Enterprise and Innovation) from imposing an additional charge by reason of customers choosing to pay for goods or services by one relevant method as against another. Section 49 provides that, where it is permissible for a trader to impose a payment charge in accordance with section (i.e. where the trader only accepts one relevant method of payment or imposes the same charge in respect of all relevant methods of payment), the trader must state the price of the goods or service as a single amount inclusive of any such charge. |
| Companies Act 2014 | Section 4 in part, sections 68, 981, 1191, 1248 and 1325 | Section 4(1) in so far as it relates to Part V of the (No.33 of 1990) (being Part V of that Act to the extent that it remained in force on and from the commencement, on the 6th day of July 2005, of of the (No.12 of 2005)) Note: Repeal of Part V of the 1990 Act is pending the Department of Finance's commencement of the Market Abuse Directive and Market Abuse Regulation. Required to be transposed by July 2016. Section 4(2) in so far as it relates to Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011 (). Sections 68(2), 981, 1191 and 1248 in so far as they relate to securities (or interests in securities) that, before the 1st day of June 2015, were admitted to trading or listed on any market, whether a regulated market or not, in the State or elsewhere. Section 1325 will not be commenced until Bank of Ireland (established by Royal Charter) becomes a registered company. |
| Copyright and Related Rights Act, 2000 | Section 98 Section 199 Section 247 | This section of the Act is a reserve type provision that will be invoked only if the need arises. This section amends section 65 and 66 of the National Cultural Institutions Act, 1997. It would be under the responsibility of the Minister of Arts, Heritage and the Gaeltacht to commence this section. This section of the Act is a reserve type provision that will be invoked only if the need arises. |
| Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) | Section 4(2) in as much as it refers to the repeal of existing enactments as per Schedule 2, Part 1 - Mines and Quarries Act 1965 (in as much as it relates to Mines), - Dangerous Substances Acts 1972 and 1979, - Safety in Industry Acts 1955 and 1980, (of 1955 Act, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 20, 21, 22, 23, 26, 29, 31, 32, 36, 39, 50, 51, 53, 58, 59, 62, 63, 67, 76, 79, 80, 82, 87, 88, 89, 96, 97, 99, 100, 102, 103, 104, 106, 108, 109, 18, 123, 126 & First, Second and Third Schedules) (of 1980 Act sections 1, 2, 3, 4, 7, 17, 18, 20, 25, 30, 40, 42, 43, 47, 48, 51, 52, 54, 56 & Schedule) - Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995 (Note: The Health and Safety Authority introduced a Code of Practice for Health and Safety in Dock Work in 2015. This facilitated the repeal of a further 2 sections of the Safety in Industry Acts 1955 and 1980. The Department is currently working in consultation with the HSA, on Regulations under the Safety, Health and Welfare at Work Act 2005 to bring the enforcement regimes for mining, offshore installations and the sectors affected by the remaining elements of the Safety in Industry Acts into effect. These will be enacted in due course and accompanied by the appropriate commencement order to commence the relevant part of section 4(2) of the Safety, Health and Welfare at Work Act 2005). | The repeal of Existing Enactments as per Schedule 2, Part 1 - Boiler Explosions Act 1882 - Boiler Explosions Act 1890 - Mines and Quarries Act 1965 - Dangerous Substances Acts 1972 and 1979 - Safety in Industry Acts 1955 and 1980 - Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995 - Safety, Health and Welfare at Work Act 1989 |
| Dangerous Substances Act 1972 | The provisions relating to explosives: - Part II of that Act, - Section 7 (1) and the Schedule to that Act in so far as they refer to the Towns Improvement (Ireland) Act 1854, the Explosives Act 1875, the Customs and Inland Revenue Act 1883, the Local Government (Ireland) Act 1898 and the Revenue Act 1909, - Section 7 (2) of that Act, - any other provision of the Dangerous Substances Act 1972, to the extent that the provision is applicable to or for the purposes of explosives within the meaning of section 9 (1) of that Act. (Note: A review of the overall Dangerous Substances legislative regime is underway and the repeals envisaged in section 4(2) of the Safety, Health and Welfare at Work Act 2005, relating to the Dangerous Substances Acts 1972 and 1979 will be considered as part of that exercise). | Part II Explosives Section 7(1) The repeal of each of the Acts referred to in the Schedule to the extent indicated. - Towns Improvement (Ireland) Act, 1854 (Section 56 and, in the nineteenth paragraph of section 72, the words “or throws or sets fire to any firework,”.) - Petroleum Act, 1871 (The whole Act) - Explosives Act, 1875 (The whole Act, except sections 73, 74, 75, 89 and 96 in so far as those sections are applied by section 8 (1) of the Explosive Substances Act, 1883, for the purposes of the latter Act.) - Petroleum Act, 1879 (The whole Act) - Petroleum (Hawkers) Act, 1881 (The Whole Act) - Customs and Inland Revenue Act, 1883 (Section 3) - Local Government (Ireland) Act, 1898 (Section 6 (c)) - Revenue Act, 1909 (Section 11) - Road Traffic Act, 1961 (Section 122) Section 7(2) The repeal of the application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force. |
| Workplace Relations Act 2015 | Section 37. Sections 65 to 70. | Section 37 provides for the transfer of the power to prosecute for summary offences under relevant enactments from the Minister for Jobs, Enterprise and Innovation to the Workplace Relations Commission. Sections 65 to 70 make provision for a range of technical and transitional issues consequential on the dissolution of the Employment Appeals Tribunal (EAT). The EAT will be disestablished once it has dealt with the caseload submitted to it prior to 1st October 2015. Sections 65 to 70 will be commenced upon the dissolution of the EAT. |
| Employment Permits (Amendment) Act 2014 | Section 15 –Subsection(5)(b) and (6) | These sections amend section 12 of the Act of 2006 provide for a portion of the employment permit application fee to be refunded to a person nominated by the applicant where the application is withdrawn or refused. Currently, fees are refunded to the applicant only. It is intended to commence these provisions when the necessary changes are made to the employment permits processing system to support such a policy change |
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