asked the Minister for Justice whether any legislation sponsored by his Department and passed by the Houses of the Oireachtas requires the issuing of ministerial regulations before becoming fully operational; the date of the passage of any such legislation; and the present position regarding the preparation of the regulations required.
Written Answers. - Ministerial Regulations.
51.
The information requested is set out in the following tabular statement (which includes Government as well as ministerial orders):—
|
Act |
Date of passage (signature by the President) |
Section which requires ministerial regulation/order |
Present position |
|
Solicitors Act, 1954 |
22 December, 1954 |
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. |
|
Civil Liability Act, 1961 |
17 August, 1961 |
Section 60, which deals with the liability of a road authority for failure to maintain a public road. The section is to come into operation on a date to be fixed by order of the Government. |
This is primarily a matter for the Department of the Environment. |
|
Prisons Act, 1970 |
28 July, 1970 |
Section 6, which 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. |
No order has been made to bring section 6 into operation and the operation of the section is not considered necessary at present. |
|
Animals Act, 1985 |
12 June, 1985 |
Section 5 under which regulations can be made in relation to animals impounded in private pounds. |
The regulations will be made if the need arises. |
|
Courts (No. 2) Act, |
27 February, 1986 |
Sections 1, 3 (2) and 9 (in so far as they amend the Enforcement of Court Orders Act, 1926). |
New rules of court are under consideration by the District Court Rules Committee. These are needed before a commencement order is made in relation to these sections of the Act. |
|
Extradition (European Convention on the Suppression of Terrorism) Act, 1987 |
21 January, 1987 |
Section 2, which provides for countries which are parties to the European Convention on the Suppression of Terrorism to be designated by order. |
An order will be made shortly by the Minister for Foreign Affairs. |
|
Extradition (Amendment) Act 1987 |
14 December, 1987 |
Section 3 which provides for the application of the rule of speciality and re-extradition for the purposes of Part III of the Principal Act by order. |
Issues arising from section 3 are the subject of discussions at official level with the British authorities. In the meantime, administrative arrangements which are already in place to ensure the speciality principle is observed in our extradition arrangements with Britain and the North will continue to apply. |
|
Courts Act, 1988 |
21 June, 1988 |
Section 5 contains a discretionary provision empowering the Minister for Justice to make regulations specifying the number of Counsel in respect of whom costs may be allowed on taxation by a Taxing Master, for payment by another party in a personal or fatal injury action. |
The Minister intends to wait until there is adequate experience of the operation of the new arrangements for hearing personal and fatal injury cases by a judge sitting alone, introduced under this Act, before considering the question of regulations. |
|
Intoxicating Liquor Act, 1988 |
22 June, 1988 |
Section 40, providing for the issue of age cards. |
See Dáil Debates for 20 April, 1989 Vol. 388, No. 10, Col. 2399. |
|
Intoxicating Liquor Act, 1988 |
22 June, 1988 |
Section 47, in relation to the sale of intoxicating liquor in supermarkets etc. which is to come into operation on a date to be appointed by ministerial order. |
The question of the making of such an order is still under consideration |
|
Data Protection Act, 1988 |
13 July, 1988 |
Sections 6 (2) (b) and 10 (7) (b) which require persons who have to correct or erase inaccurate personal data pursuant to the Act to notify the correction or erasure to anyone to whom the data were disclosed within the previous twelve months. |
The regulation will be made when the persons affected by the legislation have had sufficient time to adapt their systems to the requirements imposed by the Act. |
|
Jurisdiction of Courts (Maritime Conventions) Act, 1989. |
19 April, 1989 |
Whole Act. |
The next step will be to formally accede to the two Conventions, the subject matter of the Act. The Conventions will come into force for Ireland six months after our notification of accession has been received. A commencement order will then be made bringing the Act into effect on that date. |