Written answers

Wednesday, 18 January 2023

Department of Foreign Affairs and Trade

Legislative Measures

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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600. To ask the Minister for Foreign Affairs and Trade if all sections of all Acts passed in the past ten years have been commenced; the number of sections that are outstanding; the number of Acts that have review periods; if the reviews have taken place; and if he will make a statement on the matter. [63382/22]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Maritime Jurisdiction Act 2021, The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 and The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 have all been commenced in the last ten years. Not all sections of the Acts were commenced.

The Maritime Jurisdiction Act 2021 was commenced by order on 17 November 2021. The Maritime Jurisdiction Act 2021 (Commencement) Order 2021 fixed 22 November 2021 as the day on which all provisions of the Act except sections 32 and 33 came into operation. Sections 32 and 33 provide for amendment of two provisions of other enactments which themselves have yet to be commenced (s. 2 of the Merchant Shipping (Registration of Ships) Act 2014 and s. 6 of the Minerals Development Act 2017). Sections 32 and 33 of the 2021 Act may only be commenced once those provisions of the 2014 and 2017 Acts have themselves been commenced.

The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 was enacted on 17 March 2019 as part of the Government’s preparations for a possible no deal Brexit in 2019. The Act consists of 15 Parts under the remits of nine Ministers. Parts 1, 14 and 15 were subsequently commenced while Part 3 was repealed and its provisions addressed in the Industrial Development (Amendment) Act 2019. The remaining Parts of the Act were not commenced as the Agreement on the Withdrawal of the United Kingdom from the European Union was concluded and entered into force. Those Parts of the 2019 Act that are spent, cannot be commenced following the entry into force of the Withdrawal Agreement, or are superseded by provisions in other legislation were repealed in the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020.

The Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 was enacted on 10 December 2020 to address the wide range of complex issues that could arise for citizens and businesses at the end of the Brexit transition period. The Act consists of 22 Parts under the remits of 10 Ministers. Parts 1, 2, 4 to 12 and 14 to 22 of the Act have been commenced. It has not been necessary to commence Parts 3 and 13 of the Act because of the Trade and Cooperation Agreement reached between the EU and the UK.

Pursuant to Dáil Standing Order 197 and Seanad Standing Order 168, a Post-Enactment Report including details of the operation of the Act and a preliminary assessment of the functioning of the Act was submitted in December 2021.

None of these Acts have review-periods.

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