Written answers

Wednesday, 18 January 2023

Department of Enterprise, Trade and Employment

Legislative Measures

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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15. To ask the Minister for Enterprise, Trade and Employment if all sections of all Acts passed in the past ten years have been commenced; the number of sections 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. [63379/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I wish to advise the Deputy that not all sections of all Acts passed in the timeframe outlined have been commenced. The relevant Acts are as follows:

- The Competition (Amendment) Act was signed into law in June 2022. To operate fully, the Act requires that secondary legislation be put in place prior to commencement. The Department has been working to put this secondary legislation in place and expects the Act will be commenced in Q1 of 2023.

- The Consumer Rights Act 2022 commenced in full on 29 November, except for section 161. Section 161 requires drafting of regulations to give it full effect. Draft regulations are in development, and it is expected that this work will be completed in the coming months, enabling commencement of the Section.

- The Companies (Corporate Enforcement Authority) Act 2021 – Section 35 is yet to be commenced.

- The Personal Injuries Resolution Board Act 2022 was enacted in December 2022. All sections are pending commencement and the intention is for phased commencement over the coming months.

- The Companies (Corporate Enforcement Authority) Act 2021 is commenced except for section 35. These provisions relate to the requirement for the use of Personal Public Service numbers (PPSN) when interacting with the Companies Registration Office (CRO). As some technical changes, which require testing, are required in the CRO to facilitate this in practice, it is proposed to commence the provisions in 2023 as the peak filing period of 2022 has concluded.

- The Employment Permits (Amendment) Act 2014 was passed in July 2014. Part 3 Section 15 subsections (5)(b) and (6) and Part 5 Section 35(a) to (c), and Section 36 have not yet been commenced.

Further to the Deputy’s question about Acts with review periods, details of the relevant Acts are as follows:

- Section 23 of the Personal Injuries Resolution Board Act 2022 provides for a review of the amendments to the Primary Act 18 months following commencement. This review is not yet due.

- While a review of the Credit Guarantee Act 2012 and the Credit Guarantee (Amendment) Act 2016 is provided for, there is no requirement to complete a review. Nevertheless, a review of the Credit Guarantee Scheme 2012 was completed in September 2013.

- A review of the Microenterprise Loan Fund Act 2012 commenced within two years of the passing of the Act. A review was completed in 2015 and then again in 2019.

- A review of the European Investment Fund Agreements Act 2018 (amended by the Microenterprise Loan Fund (Amendment) Act 2020) was required within four years of commencement. This review was completed in December 2022.

- A review of the Loan Guarantee Schemes Agreements (Strategic Banking Corporation of Ireland) Act 2021 (amended by the Credit Guarantee (Amendment) Act 2022) is required within four years of commencement. The review is due for completion by 4 June 2025.

- Section 17(2)(1J) of the Employment Permits (Amendment) Act 2014 prescribes a review of the regulations be carried out from time to time. A review of regulations under this Act last took place under S.I. No. 677 of 2022, Employment Permits (Amendment) (No. 3) Regulations 2022.

- With regard to the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022, the Act will be reviewed after one year in operation, when employers, employees and customers all have experience of how the legislation works in practice. The review must be completed within six months and laid before the Oireachtas.

All of the Acts mentioned above are the subject of ongoing monitoring and review by the officials in my Department.

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