Dáil Éireann debate -
Tuesday, 23 Jan 1996

Vol. 460 No. 3

Written Answers. - Commencement Orders.

Frances Fitzgerald

Question:

390 Ms F. Fitzgerald asked the Minister for Justice the Acts and provisions of Acts under the auspices of her Department which, as of 1 January 1996, are not in force in view of the fact that a commencement order has not been made; whether it is proposed to make such an order in each case; and if so, when. [19407/96]

Minister for Justice (Mrs. Owen)

The information requested by the Deputy in respect of my Department is as follows:

Act	Provisions not yet commenced
1. Courts (No. 2) Act, 1986	Sections 1, 3 (2) and 9. These sections simplify procedures in the District Court for enforcement of judgement debts.
2. Data Protection Act, 1988	Sections 6 (2) (b) and 10 (7) (b) (Requirement for a data controller who rectifies or erases personal data at the request of a data subject, to notify anyone to whom he or she has disclosed the inaccurate data within the previous 12 months).
3. Intoxicating Liquor Act, 1988	Section 47 (Sale of intoxicating liquor in supermarkets etc.).
4. Criminal Evidence Act, 1992	Section 14 (Giving of evidence in criminal proceedings through an intermediary);
	Section 15 (1) to (3) (Procedure in District Court in relation to out-of-court video-recording of certain statements);
	Section 16 (1) (b) (Out-of-court video recordings as evidence at trial);
	Section 19 in so far as it relates to the reference in it to sections 14 (1) (b). 15 (1) (b) and 16 (1) (b) (Application to persons with mental handicap); and
	Section 29 (Evidence through television link by persons outside the State).
5. Criminal Justice Act, 1994	Part V (which deals with drug trafficking offences at sea) and Part VII (which deals with international co-operation in criminal matters) and the Schedules (which relate to those Parts).
6. Courts and Court Officers Act, 1995	Sections 3 (2), 4, 5 and 44. These sections provide for or are consequential on the transfer of the jurisdiction of the Court of Criminal Appeal to the Supreme Court.

The question of making the necessary orders to bring the provisions at 1 to 4 above into operation is under consideration.

As regards 5 above, Statutory Instruments are under preparation to enable these provisions to be brought into force as soon as possible.

As regards 6 above, the matter of making a commencement order will be considered when the arrears of appeals before the Supreme Court have been brought under control.