Written answers
Tuesday, 12 June 2018
Department of Jobs, Enterprise and Innovation
Legislative Programme
Mattie McGrath (Tipperary, Independent)
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566. To ask the Minister for Jobs, Enterprise and Innovation the sections and parts of all legislation brought forward by her Department in each of the past four years that have yet to be commenced; and if she will make a statement on the matter. [25171/18]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Details of sections or parts of my Department's legislation from the last four years that have not been commenced are set out below.
| Act/Section of Act that has not been Commenced | Reason Commencement Order has not been made |
|---|---|
| Companies Act 2014 Section 4(2) Section 1325 | Section 4(2) in so far as it relates to Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment)Regulations 2011 (S.I. No.306 of 2011). The full repeal of Regulation 6 of the European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2011 was not possible due to a difference in national law requirements on mergers concerning notice requirements and those provided for in the EU regulations on cross-border mergers. The reason this section has not commenced is because it would repeal the foundation documents of the Bank of Ireland. The section will only be commenced once Bank of Ireland decides to convert to a company incorporated under the Companies Act 2014. |
| Sections 65 to 70 of the Workplace Relations Act, 2015 | The Workplace Relations Commission was established on the 1st October 2015 under the Workplace Relations Act, 2015 and saw the merging of the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance - the Workplace Relations Commission (WRC). The appellate functions of the Employment Appeals Tribunal were incorporated into an expanded Labour Court. Sections 65 to 70 inclusive of the Workplace Relations Act, 2015 relate to the dissolution of the Employment Appeals Tribunal (EAT) and cannot be commenced until the legacy caseload of the EAT has been finalised. The legacy caseload relates to cases submitted prior to the commencement of the Act on 1 October 2015 and has decreased to the point that there are currently less than 100 cases on hands. |
| Subsections (5)(b) and (6) of section 15 of the Employment Permits (Amendment) Act 2014 | Commencement of these provisions will be subject to the outcome of pending consultations. The provisions provide for a portion of the employment permit 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. These provisions may commence when the necessary changes are made to the employment permits processing system to support such a policy change, subject to further consultations. The employment permit processing system has not yet been adapted to support the refund of fees to a person other than applicant. If it is considered necessary to do so, consultation will need to take place with the relevant bodies as regards other legislation and any unintended impact of this provision, e.g. The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, etc. |
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