Written answers
Wednesday, 18 January 2023
Department of Employment Affairs and Social Protection
Legislative Measures
Thomas Pringle (Donegal, Independent)
Link to this: Individually | In context | Oireachtas source
850. To ask the Minister for Employment Affairs and Social Protection 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 she will make a statement on the matter. [63388/22]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source
My Department is responsible for the legislation underpinning the social welfare code, occupational and private pensions, civil registration and gender recognition, and the Citizens Information Board/Comhairle.
Section 7 of the Gender Recognition Act 2015 contains a provision for a review of the operation of the Act. The review was completed and published in November 2019.
Details of uncommenced sections of Acts passed in the past ten years are set out in the table below:
| Uncommenced Provision | Description | Status |
|---|---|---|
| Social Welfare and Pensions Act 2014 | ||
| Section 9 | Clarifies the provisions contained in Part 6 of the Social Welfare Consolidation Act (SWCA) 2005 in relation to entitlement to family income supplement (FIS) in cases where the claimant is living apart from his or her spouse or civil partner and children. | This amendment is being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity following consideration of the Report of the Child Maintenance Review Group. |
| Section 10 | Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period. | This amendment is also being reviewed in the light of more recent developments in this area and a decision will be taken on its continued necessity following consideration of the Report of the Child Maintenance Review Group. |
| Civil Registration (Amendment) Act 2014 | ||
| Section 6 | This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married | Requires further amendment to section 22 to correct a drafting error. |
| Section 12 | Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred. | Requires consultation with the HSE. |
| Section 21(a) | Amends section 59B of the Civil Registration Act 2004 (Notification of civil partnerships). | No longer required. Superseded by the enactment of the Marriage Act 2015. |
| Section 22 | Amends section 59C of the Civil Registration Act 2004 (Civil partnership registration form). | No longer required. Superseded by the enactment of the Marriage Act 2015. |
| Section 29(c) | Provides for sharing of information with the Road Safety Authority. | Pending further clarification of Data Protection issues. |
| Parent’s Leave and Benefit Act 2019 | ||
| Section 28 | Amendment of section 58 of Act of 2005 Section 58 of the Act of 2005 is amended, in subsection (2), by the substitution of “Subject to this Act and section 6A of the Adoptive Leave Act 1995, an adopting parent shall be entitled to adoptive benefit” for “Subject to this Act, an adopting parent shall be entitled to adoptive benefit”. | It is intended that this provision will be commenced in due course. |
| Civil Registration Act 2019 | ||
| Section 4 | Amendment of section 22 of the Civil Registration Act 2004 regarding, in certain circumstances, rebuttal of automatic presumption of paternity in the birth registration process. | Requires commencement of section 6 of the Civil Registration (Amendment) Act 2014, which requires further amendment to section 22 to correct a drafting error. |
| Section 6 | Provides for greater involvement by a qualified informant (usually a family member) in the registration of a death by a coroner. | It is intended to commence this section at the same time as Section 10(1)(c). |
| Section 10(1)(c) | Provides that the country of birth and the country of citizenship of a deceased person are to be added to the particulars of a death to be entered in the register of deaths. | Requires development work to the civil registration computer system in advance of commencement. |
| Section 11 | Amendment of section 6 of the Civil Registration (Amendment) Act 2014 regarding arrangements for registration of the names of unmarried fathers. | Requires commencement of section 6 of the Civil Registration (Amendment) Act 2014, which requires further amendment to section 22 to correct a drafting error. |
No comments