asked the Minister for Justice the legislation or sections of legislation for which he is responsible which have been passed by the Houses of the Oireachtas and not yet brought into force; and the reason the legislation is not yet in force.
Written Answers. - Oireachtas Legislation.
77.
The information requested is set out in the following tabular statement:
|
Act |
Provision not yet brought into force |
Reason |
|
|
Title |
No. |
||
|
Solicitors Act, 1954 |
36 |
Section 44, which would enable qualified solicitors in Northern Ireland to practise in the Republic, subject to passing an examination in the legislation in force in the State, and in the Irish language (for applicants born after 1904). |
A Government Order is required before this provision can come into force, and, before making an order, the Government must be satisfied that reciprocal provisions will be in operation as between both jurisdictions. Reciprocal provisions have not been introduced, to date, by the respective professional bodies in both jurisdictions. |
|
Prisons Act, 1970 |
11 |
Section 6 amends the Criminal Justice Act, 1960 and the Prevention of Crime Act, 1908. The main purpose of the section was to help alleviate accommodation problems which had existed in St. Patrick's Institution throughout the 1960s. |
The change in committal trends in the early 1970s together with the development of the Probation and Welfare Service made it unnecessary to change the age of committal or transfer to St. Patrick's Institution. |
|
Courts (No. 2) Act, 1986 |
26 |
Sections 1, 3 (2) and 9 (in so far as they amend the Enforcement of Court Orders Act, 1926). |
New rules of court require to be made by the District Court Rules Committee before a commencement order is made in relation to these sections of the Act. |
|
Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act, 1988 |
3 |
Section 3, in so far as it relates to the 1982 Convention on the Accession of the Hellenic Republic to the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and the 1971 Protocol on its interpretation. |
The 1982 Accession Convention cannot enter into force for any country until it has been ratified by Greece which has not yet done so. |
|
Intoxicating Liquor Act, 1988 |
16 |
Section 47 (sale of intoxicating liquor in supermarkets etc.). |
A commencement order, to be made by the Minister for Justice, is required to bring it into operation. Adequate time needs to be given to the trade interests involved to make any necessary arrangements for compliance with the section. |
|
Data Protection Act, 1988 |
25 |
The whole Act. |
A commencement order will not be made until the registration machinery is in full operation and data controllers and data processors have had time to adapt their computer systems and data processing procedures to the requirements of the legislation. This is expected to be early next year. |
|
Bankruptcy Act, 1988 |
27 |
The whole Act. |
The legislation will come into force on 1 January 1989 or such date before that as the Minister may appoint by order. The timing is to enable consequential rules of court to be made. |
78.
asked the Minister for Tourism and Transport the legislation or sections of legislation for which he is responsible which have been passed by the Houses of the Oireachtas and not yet brought into force; and the reason the legislation is not yet in force.
The information requested is set out in the following tabular statement:
|
Act |
Provision not yet brought into force |
Reason |
|
|
Title |
No. |
||
|
International Carriage of Perishable Foodstuffs Act, 1987 (enables Ireland to give effect to ATP — Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such carriage) |
20 |
Act as a whole. |
The bringing into operation of the Act will, at latest, coincide with Ireland's formal accession to ATP on 22 March, 1989. Detailed Regulations will be made under the Act for coming into operation, at latest, on that day. (The preparation of those Regulations is well advanced.) |
|
Air Navigation and Transport Act, 1988 |
15 |
Part III and First Schedule (provisions relating to the 1975 Protocols to the 1929 Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air). |
None of the 4 Protocols is yet in force internationally as this requires ratification by 30 States in each case. Ireland is in the process of depositing its instrument of ratification of the 4 Protocols and the necessary Government Order (s) will be made to bring the provisions of the Act into force with effect from when each Protocol comes into force internationally. |
|
Ratifications to date — |
|||
|
Protocol 122 States |
|||
|
Protocol 222 States |
|||
|
Protocol 315 States |
|||
|
Protocol 418 States. |