Written answers
Thursday, 2 February 2017
Department of Transport, Tourism and Sport
Commencement of Legislation
Róisín Shortall (Dublin North West, Social Democrats)
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341. To ask the Minister for Transport, Tourism and Sport 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. [5276/17]
Shane Ross (Dublin Rathdown, Independent)
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The information requested by the Deputy is contained in the following table.
| Name of Act | Section | Purpose | Is it Intended to make order | Reason an order has not been made to date |
|---|---|---|---|---|
| Sea Pollution (Hazardous Substances) (Compensation) Act 2005 | 6-27 inclusive and Schedule 1 which contains the text of the 1996 HNS Convention | Sections of the Sea Pollution (Hazardous Substances) (Compensation) Act 2005 providing for the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, were not commenced as this Convention did not enter into force internationally. When the 2010 Convention enters into force internationally, it is intended that the remaining sections of the Act will be commenced. | Yes (subject to international entry into force of the 2010 Protocol to the HNS Convention) | The relevant sections were not commenced as this Convention did not enter into force internationally. When the 2010 Protocol to the HNS Convention enters into force internationally, it is intended that the remaining sections of the Act will be commenced. |
| Aer Lingus Act 2004 | Section 2 | Certain repeals provided for involving the Air Companies Act 1966 and the Air Companies (Amendment) Act 1969 will not be effected as long as the State remains a shareholder in Aer Lingus | No | Will not be effected as long as the State remains a shareholder in Aer Lingus |
| Tourist Traffic Act 1957 | 5(1) (iii) | Unauthorised use of titles protected by the Tourist Traffic Acts | No plans at present | It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so. |
| Tourist Traffic Act 1970 | 6(d) | Unauthorised use of titles protected by the Tourist Traffic Acts | No plans at present | It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so. |
| Tourist Traffic Act 1983 | 7(4) | Unauthorised use of titles protected by the Tourist Traffic Acts | No plans at present | It is not clear from the relevant files why the provision was not commenced at the time. There are currently no plans to do so. |
| RSA Commercial Vehicle Roadworthiness Act 2012 | Sections 36 | Detention of vehicles, etc., by authorised officers and CVR inspectors. | N/A | Regulations Required |
| Section 43 | Amendment of Second Schedule to Act of 1961 — consequential disqualification | N/A | Regulations Required | |
| Section 45 | Amendment of section 41 of Road Traffic Act 1994 - detention of vehicles. | N/A | Regulations Required | |
| Road Traffic Act 2016 | Entire Act | A variety of road traffic and safety matters | Yes | This Act was signed into law only on 27/12/2016. The Department is currently engaging with key stakeholders with a view to commencing provisions in the Act as soon as practicable. |
| Road Traffic Act 2010 | Sections 3 and 5 (with the exception of Sections 48 and 55 | Part 3. Fixed Charge Offences and Notices Part 5. Penalty Points | yes | Will be commenced with 2016 provisions in June 17 |
| Part 4, Sections 50-52 | Payment deposit from non-resident drivers in respect of certain offences. | N/A | Agreement with stakeholders required | |
| Part 9, Sections 75, 82, 85 (d) | Miscellaneous provisions | N/A | Regulations required | |
| Road Traffic Act 2014 | Section 6 | In relation to Driver Licensing | yes | Commenced June 2015 |
| Merchant Shipping (Registration of Ships) Act 2014 | Whole Act other than section 69 | The main purpose of the Act is to replace and update the Mercantile Marine Act 1955, as amended, and provide a legal framework for the establishment and regulation of a modern and comprehensive ship registration system that will be more efficient, user friendly and accessible for ship owners. | Not at this time. | Full commencement of the Act requires the establishment of a new electronic Irish Register of Ships and registration regime which will be progressed under a separate IT project. New ship registration regulations are also required to complement the IT project. |
| Dublin Transport Authority Act 2008 | Section 61 | Road User information system | No current plans. | Consideration is required of the interplay between the section and EU Directives which were agreed in the years following the Act. |
| Dublin Transport Authority Act 2008 | Section 114 | disposal of CIE property | Not currently | Revised Code of Practice for the Governance of State Bodies has updated provisions relating to property disposal which substantially replicate this legislative provision. |
| Vehicle Clamping Act 2015 | The Act | An Act to provide for the regulation of the immobilisation of vehicles and related activities in certain places | Yes | Drafting error required rectification, said error has recently been rectified through Road Traffic Act 2016 and once that Act is commenced (expected Q1) , the Vehicle Clamping Act can be commenced. |
| Taxi Regulation Act 2013 | Section 49 | Fixed payment following service of a summons in order to pre-empt a court hearing | Yes | Section 49 relates to the payment of Fixed Notice Payments and the "Third payment option". Work is continuing in the Department and with the relevant Agencies towards its commencement |
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