Written answers
Tuesday, 1 February 2022
Department of Children, Equality, Disability, Integration and Youth
Legislative Process
Denis Naughten (Roscommon-Galway, Independent)
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574. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will provide a list of Acts or sections or other provisions of Acts for which a commencement order has yet to be signed in his Department; the reason for the delay; when commencement orders will be signed; and if he will make a statement on the matter. [4755/22]
Roderic O'Gorman (Dublin West, Green Party)
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The following list sets out legislative provisions that are within my Department's remit and which have not yet been commenced.
| Title of Act | Sections not commenced | Reason | Proposed timeline for commencement |
|---|---|---|---|
| Assisted Decision Making Capacity Act 2015 (No. 64 of 2015) | Sections 3-4, 7(2), 8-81, 82 (part commenced), 83-90, 91 (part commenced), 92-93, 96, 99-102, 104-146. | Amendments relating to governance and implementation arrangements are required before full commencement of the 2015 Act can take place. The necessary amendments are provided for in the Assisted Decision-Making (Capacity) (Amendment) Bill which addresses a number of issues required to streamline processes and improve safeguards for those who will rely on the provisions of the Act. | June 2022 |
| Child Care Act 1991 (No. 17 of 1991) | This Act is the subject of a comprehensive review by the Department. | It is hoped to bring a General Scheme to Government for approval by the end of 2022. | |
| Child Care (Amendment) Act 2011 (No. 19 of 2011) | Sections 13(b), (c) and (d) and section 14(b) Sections 3(b), 6, 20, 21(b), 23-25, 36(1)(a) | These sections refer to Guardians ad litem. The intention is to repeal these sections in the forthcoming Child Care (Amendment) (Guardians ad Litem) Bill as this Bill will replace the provisions in the 2011 Act. Sections 3(b), 6, 20, 21(b), 23-25, and 36(1)(a) deal with special care While the majority of provisions under this Act are commenced, some technical provisions remain to be commenced. The reasons for non commencement include situations where subsequent legislation made the commencement obsolete, and complex interactions with other pieces of legislation, including under the remit of other Departments. | Timeline is dependent on enactment of forthcoming Child Care (Amendment)(Guardians ad Litem) Bill. |
| Child Care (Amendment) Act 2015 (No. 45 of 2015) | Schedule 1 Part 1 (insofar at those provisions relate to the amendments specified in items 1, 2 and 9 of that Part of that Schedule) have not yet been commenced | The majority of provisions under this Act are commenced. The technical provisions listed remain to be commenced. The commencement of same is part of ongoing complex sequencing of related legislative amendment and commencement of the Health Act 2007, which is under the remit of another Department. | |
| Children (Amendment) Act 2015 (No. 30 of 2015) | Section 6 other than insofar as it relates to section 88A | At the time when the commencement of amendments in relation to the provision of remission for children were being considered, the issue of remission of periods of detention was subject to ongoing Supreme Court proceedings. Based on the judgement of this case, the policy in relation to remission for children’s sentences is being further considered by DCEDIY. Therefore, the concept of “discipline” was and is the subject of further policy consideration and is dependent on the provision of remission. Furthermore, in the context of the development of the CEHOP* model of care in Oberstown Children Detention Campus, the concept of “discipline” provided for in the Children Amendment Act 2015 may no longer appropriate. | It is currently not envisaged that this section will be commenced and it will be repealed in the context of future amendments to the Children Act 2001. |
| Sections 8-9 | The amendments outlined in sections 8 and 9 replicate legislation and procedures already contained in S. 88(3) of the Children Act 2001. Further policy consideration of this matter may be undertaken. | Should these provision require commencement or repeal, it will be done in context of future amendments to the Children Act 2001 | |
| Sections 10 and 16 | At the time when the commencement of amendments in relation to the provision of remission for children were being considered, the issue of remission of periods of detention was subject to ongoing Supreme Court proceedings. Based on the judgement of this case, the policy in relation to remission for children’s sentences is being further considered by DCEDIY. Therefore, the concept of “discipline” was and is the subject of further policy consideration and is dependent on the provision of remission. Furthermore, in the context of the development of the CEHOP* model of care in Oberstown Children Detention Campus, the concept of “discipline” provided for in the Children Amendment Act 2015 may no be longer appropriate. | Should these provisions require commencement or repeal, it will be done in context of future amendments to the Children Act 2001 | |
| Section 18 | In the context of the development of the CEHOP* model of care in Oberstown Children Detention Campus, the concept of “discipline” provided for in the Children Amendment Act 2015 is no longer appropriate thus this section was not commenced. *CEHOP is a comprehensive care model of Care, Education, Health and Wellbeing, Offending Behaviour and Preparation for returning to families and community. | Should this provision require commencement or repeal, it will be done in context of future amendments to the Children Act 2001 | |
| Sections 19 and 26 | At the time when the commencement of amendments in relation to the provision of remission for children were being considered, the issue of remission of periods of detention was subject to ongoing Supreme Court proceedings. Based on the judgement of this case, the policy in relation to remission for children’s sentences is being further considered by DCEDIY. | Should these provisions require commencement or repeal, it will be done in context of future amendments to the Children Act 2001 | |
| Disability Act 2005 (No. 14 of 2005) | Sections 7-23 (other than in relation to persons under 5 years of age) | The operation of these sections is a matter for the HSE and policy responsibility for the sections currently rests with the Minister for Health | The operation of these sections is a matter for the HSE and policy responsibility for the sections currently rests with the Minister for Health |
| Gender Pay Gap Information Act 2021 (No. 20 of 2021) | Whole Act | Regulations implementing the Gender Pay Gap Information Act 2021 are currently being developed. The Act will be commenced with these regulations. | Regulations implementing the Gender Pay Gap Information Act 2021 are currently being developed and it is anticipated these will be finalised and published in early 2022. |
| Paternity Leave and Benefit Act 2016 (No. 11 of 2016) | Section 2 and 31 | Regulations are in preparation. | It is intended to commence these provisions in the near future. |
| Parent's Leave and Benefit Act 2019 (No. 35 of 2019). | Sections 2, 28 and 29 | Regulations are in preparation. | It is intended to commence these provisions in the near future. |
| Youth Work Act 2001 (No. 42 of 2001) | Sections 8-16, 19-23 and 25-37 | This Act was introduced by the Minister for Education when provision for youth services was under the remit of that Department. The commencement of the provisions in question required the implementation of structural changes which presented a range of operational and resourcing difficulties during the period following enactment. There have been significant operation and policy developments in relation to youth services in the intervening period which commencement of these sections would need to consider. | There are no current plans to commence these sections. |
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