Written answers

Thursday, 14 December 2017

Department of Housing, Planning, and Local Government

Commencement of Legislation

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Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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726. To ask the Minister for Housing, Planning, and Local Government the Acts, or parts of Acts, awaiting commencement within his area of statutory responsibility; the reason for the delay in the commencement of each; and if he will make a statement on the matter. [53571/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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I refer to the reply to Question No. 157 of 2 February 2017 and the further deferred reply sent to the Deputy on 16 February 2017. 

The information provided in February has now been updated and is set out in the following table.:

ActSections/Chapters not in force or commencedReason not yet commenced
Electoral Act 1997 Section 79Section 79 of the Electoral Act 1997 provides for amendments to electoral law which would allow for greater flexibility in relation to when the counting of votes might commence and when refreshment breaks might be taken at Dáil and Presidential elections and at referendums. The current arrangements in relation to the counting of votes and refreshment breaks at these elections and at referendums are considered to be satisfactory. The need to commence section 79 of the Electoral Act 1997 will be kept under review.
Electoral (Amendment)

2004 Act 		Sections 5(1) – (3),(5) and (6); sections 6 -16 and 30-32; Schedules 1-4.These provisions relate to electronic voting and are obsolete.
Environment (Miscellaneous Provisions) Act 2011Section 49Implications for the Official Languages Act 2003
Finance Act 1976Sections 68-70, 72 and 75Provisions relating to the continuous liability for motor tax. These provisions were superseded by an administrative process for declaring vehicles off the road retrospectively in the mid-1990’s and subsequently by the provisions contained in the Non-Use of Motor Vehicles Act 2013, which introduced prospective declarations of non-use of a vehicle.
Housing Act 1966Section 115This provision is no longer required in view of section 177 of the Local Government Act 2001.

It is intended to repeal this provision at the next available opportunity.
Housing (Miscellaneous Provisions) Act 2002Section 11This provision is no longer required as it related to the New House Grant which was abolished with effect from 14 Nov 2002 with the deadline for of a written request for payment extended to 2 April 2004.
Housing (Miscellaneous Provisions) Act 2009Section 14-18

Housing Services Plans

Sections 23- 27 (Rental Accommodation Arrangements)

Section 28

Management and control functions of housing authorities

Section 29


Section 30

Delegation of management and control functions

Section 31


Section 32(9)

Section 64(9)(a)

Part 5: sections 78 to 96. New Affordable Dwelling Purchase Arrangements

Section 97 and 98

Section 99


Section 7 and Schedule 1 partially un-commenced -

Repeals

Section 8 and Schedule 2 partially un-commenced -

Amendment of other enactments		It is considered that the main p priority at this time is to deliver on the Government’s Action Plan for Housing, Rebuilding Ireland.

Dependent on the commencement of section 31 of the 2009 Act concerning rent schemes and charges.

Existing statutory authority for LAs to enter into RAS contract arrangements is provided in section 19 of the 2009 Act.

Commencement of this provision is dependent on the commencement of section 31 (Rent schemes and charges)

This section concerns a requirement for standardised written tenancy agreements which comply with Schedule 3 of the Act. Housing authorities already require written tenancy agreements in practice - 1980 Regulations provide for minimum requirements for these agreements. Authorities have generally found these adequate for their requirements.

Section 29 will standardise and modernise the approach taken in this area.

Commencement of this provision is dependent on the commencement of section 31 (Rent schemes and charges)

Commencement of section 31 is dependent on the making of Regulations in relation to rent schemes. Considerable work has been carried out by the Department in developing a draft framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes. This work is now being examined further in the light of the broader commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness, to review the disparate systems of differential rent for social housing in place across local authorities. The review will be completed by the end of Q2 2017. The determination of an appropriate timeline for commencement of the section will be made at that time.

Related to section 31 – rent

Related to section 31 – rent

In 2011 the Government announced the standing

down of the provision of Affordable Housing (the 1999 Affordable Housing Scheme, affordable housing under Part V of the Planning and Development Act 2000, and the Affordable Housing Initiative). Consideration is currently being given to commencing this Part of the 2009 Act in the context of new housing affordability measures.

These provisions provide for a claw back in the case of the resale, before 20 years, of a site provided to a qualified purchaser by a housing authority at a purchase price less than the market value.

In the years since this legislation, a number of reforms of the scheme have been considered and implemented. Further reforms are now being examined in the context of Programme for Government and Rebuilding Ireland commitments. In the context of those reforms, the commencement of the provision will be examined shortly.

Relates to various un-commenced provisions

Relates to various un-commenced provisions.
Housing (Miscellaneous Provisions) Act 2014Part 4 - Section 41(4): Designation of areas where no further dwellings will be approved for housing assistance

Part 4 - Section 44: Payment to housing authority by HAP beneficiary of rent contribution under s. 31 of 2009 Act (ss. (1)) and Prescription of manner of payment of rent contribution (ss. (2))

Part 4 - Section 47: Payment of HAP in respect of certain beneficiaries under the Capital Assistance Scheme

Part 4 - Section 48: Internal review, on request, of HAP decisions in prescribed decision classes

Section 20

Section 53



Section 54(1)		Consideration to commencing this provision is being given now that the scheme is available nationally.

Dependent on the commencement of section 31 of the 2009 Act concerning rent schemes and charges.



Provision has been made for such households through the RAS and SHCEP schemes.


Appeals currently being dealt with under a local authority’s Customer Charter.

Inserts new section 29A into 2009 Act – amendment of tenancies. Depends on commencement of section 29 of Housing (Miscellaneous Provisions) 2009.

Direct deduction of rent from Department of Social Protection payments was provided for in order to ensure the efficient collection of differential rents for Social Housing Tenants who are in receipt of a primary payment from the Department of Social Protection. This was particularly relevant in the case of Housing Assistance Payment (HAP). However, amendments made to the Household Budget scheme have greatly assisted in the efficient collection of rents from such households, relieving the urgency of the requirement to introduce a direct deduction service. It is intended to introduce Direct Deduction service in due course.

As above.
Residential Tenancies (Amendment) Act 2015Sections 16 (d) and (g);

Sections 22-24; Section 37;

Section 57(1)(b); Section 59;

Sections 60(a), (b)[(4)(c)], (c) and (e)[(7)];

Section 61; Section 62(b)(iii);

Sections 63(d)[(5),(6)]; Sections 64-65;

Sections 70-72

Sections 17(d) and (e);

Sections 34-35;

Section 38; Section 43;

Section 46; Section 48; Section 51(1)(b); Section 52 (6); Section 53; Section 73;

Sections 63(a), (b), (c) and (d)[8];


Section 57(1)(a),(c) and (d); 57(2)-(4); and section 58 		These provisions relate to the introduction of a Deposit Protection Scheme. Commencement is delayed pending the review of legislative provisions for Deposit Protection under Action 28 of the Strategy for the Rental Sector.



Sections 17(d) and (e) provide for changes to registration fees structure.

Sections 34-35, 38, 43, 46, 48, 51(1)(b), 52(6), 53 and 73 provide for the insertion of a new Section 76A and consequential amendments regarding referral of complaints to the Board for resolution in respect of non-compliance with Section 86(1)(a), i.e. the requirement to continue to pay rent pending the determination of a dispute.

Sections 63(a), (b), (c) and (d)[8] provide for notification to the RTB of an alteration in rent.

Commencement of these provisions has been delayed to provide the RTB with sufficient time to update their systems and put new procedures in place to implement these measures.

These sections relate to the enforcement of RTB determination orders in the District Court. The necessary additions to the District Court rules are currently being put in place and it is expected that this change will come into effect in the near future.
Planning and Development (Amendment) Act 2010Paragraph (e) of section 74

Section 76		It is intended to commence this enactment as soon as practicable.

This enactment has been superseded by subsequent enactments and the intention is to repeal it as soon as practicable.
Urban Regeneration and Housing Act 2015Section 34It is intended to commence this enactment when Chapter 4 of Part 2 of the Housing (Miscellaneous Provisions) Act 2009, with which it is linked, is commenced
Planning and Development (Housing) and Residential Tenancies Act 2016Sections 26 and 27

Section 28(1)

Sections 44, 45 48 and 49 of Part 3 and Part 3 of the Schedule

These enactments will be commenced on conclusion of consultations relating to the introduction of the new streamlined EIA screening procedures involved to determine whether an EIA is required for particular forms of development.

This enactment will be commenced when amendments proposed to it in the Planning and Development (Amendment) Bill 2016 are enacted.

Sections 44 and 45 provide for one-person Tribunals, rather than three-person Tribunals, in the Residential Tenancies Board (RTB) for certain categories of cases. Section 48 provides for the issuing of determination orders by the Executive, rather than the Board, of the RTB. Commencement of these provisions has been delayed to provide the RTB with sufficient time to update their systems and put new procedures in place to implement these measures. Section 49 is a technical amendment relating to the enforcement of RTB determination orders in the District Court. The necessary additions to the District Court rules are currently being put in place and it is expected that this change will come into effect in the near future. Part 3 of the Schedule relates to section 48 and this will be commenced at the same time as section 48.
Licensing of Indoor Events Act 2003Parts I and II of the ActConsultation with stakeholders in relation to drafting secondary regulations to be made under the legislation highlighted issues of practicality in attempting to license individual events, as distinct from licensing premises. A view was taken that the intended regulations were unworkable and duplicated existing licensing provisions for premises under other legislation. Parts I and II of the Act were never commenced and it is still not seen as practicable to make regulations of the type envisaged and there are no plans therefore to make a commencement order for this legislation.
Local Government Act 2001Section 22

Section 189, 190, 192-194(1),(2),(4),(5),(6)

195 and 196

Section 212-214

Section 223		Commencement of section conditional on the establishment of a commission to make recommendations on a number of local government issues.

Commencement requires the making of regulations which are being drafted.

Implications for existing legislation across a number of legislative codes.

Existing provisions need to be repealed before commencement of this section can proceed.
Local Government (Miscellaneous Provisions) Act 2012, No. 17 of 2012Section 10(b),(d) and (e) and section 11 (b), (c), (d), (f), (h), (i) and (l)

Governance provisions in relation to the Fire Services Council, Affordable Homes Partnership and Irish Water Safety 		Other higher priority work arising.



Local Government Reform Act 2014Section 1 (23)Commencement of section 48 requires that section 189 of the Local Government Act 2001 be first commenced (see above re Local Government Act 2001).
Water Services Act 2007Sections 49, 63-67, 69, 77-90, 92, 104-106, Schedule 2 and part of sections 4,58, 70 and 107All water services legislation is under active review and legislative provisions are commenced, as and when required.
Water Services Act 2013Sections 28 and 29All water services legislation is under active review and legislative provisions are commenced, as and when required.
Water Services (No.2) Act 2013Section 29All water services legislation is under active review and legislative provisions are commenced, as and when required.
Water Services Act 2014Section 11All water services legislation is under active review and legislative provisions are commenced, as and when required.
Water Services Act 2017Section 58 (a), (b), (c), (d), (f) and (g),

Section 61;

Section (5)(1)(b)(IV);

Section 23. 		The Water Services Act 2017 was enacted on 17 November 2017 with most sections of the Act also commenced on 17 November.

Subsections (a), (b), (c), (d), (f) and (g) of Section 58 relating to amendments to the Local Government Act 1998 will come into operation on 1 January 2018.

The remaining sections related to the Water Forum, the customer dispute resolution and the amendment to the Valuation Act 2001 will be commenced as and when required.

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