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Dáil Éireann debate -
Wednesday, 28 Jan 1998

Vol. 486 No. 1

Written Answers. - Implementation of Legislation.

Ruairí Quinn

Question:

626 Mr. Quinn asked the Minister for the Environment and Local Government the Acts and provisions of Acts which are not in force due to the fact that a commencement order has not been made; whether an order will be made, if so, when this will occur; and if he will make a statement on the matter. [1084/98]

The information requested is set out in the following table.

Details of Act

Relevant Sections not Commenced

Proposals to Make Commencement Order(s)

Housing Act, 1966

Section 115

There are no plans to commence this section as there are broader provisions in relation to voting by local authority elected members in the Local Government Acts.

Housing Act, 1988

Section 8

None.

Electoral Act, 1997

Sections 72, 75, 78 and 79

Sections 72 and 75 will not be commenced until it is possible in the light of the operation of election expenses limits and disclosure of donations at Dáil and Euro elections to review the operation of these provisions.

Section 78 will not be commenced until consultations with An Post have taken place on implications of the operation of the arrangements for An Post.

Section 79 will not be commenced until consultations with returning officers enables an assessment to be made of operational implications of that provision.

Control of Dogs (Amendment) Act, 1992

All.

Commencement is being considered in the context of consolidation and amendment of the dog control regulations. Commencement during 1998.

Local Government (Financial Provisions) Act, 1997

Section 7

None.

Local Government Act, 1955

Section 5 for the purpose of the repeal of section 26 of the Local Government Act, 1941, and section 39 of the Local Government Act, 1946.

None.

Local Government Act, 1991

Part VI and section 54 (a) together with associated repeals.

These provisions, adapted as necessary to take account of the local government reform programme, will be restated and included in the legislation to be published later this year to modernise local government law generally.

Local Government Act, 1994

Sections 6 (3) (b), 12, 18, Parts IV and V; section 59 and 68 (2); together with associated repeals.

These provisions, adapted as necessary to take account of the local government reform programme, will be restated and included in the legislation to be published later this year to modernise local government law generally.

Road Traffic Acts, 1961 and 1968

Section 93 of the Road Traffic Act, 1961 as amended by section 61 of the Road Traffic Act, 1968.

It is intended to commence this section in the current year.

Road Traffic Act, 1994

Section 25 and 49 (i) (j)

It is intended to commence section 49 (i) (j) in the current year. Commencement of section 25 is not yet envisaged.

Finance Act, 1976

Section 68, 69, 70, 72 and 75.

None.

Environmental Protection Act

Sections 93, 102 and 103 and parts of the First Schedule.

No immediate plans to commence the three sections. The First Schedule is being com- menced on a phased basis. The process is complete for new activities. It is ongoing for existing activities and will be completed as soon as possible.

Waste Management Act, 1996

Section 6 (2), 32 (2), 57 and 58.

The whole Act will come into operation on 20 May by virtue of section 1 (2).

Local Government (Water Pollution) Act, 1977

Section 25

None.

Air Pollution Act, 1987

Sections 9 (part of), 20, 21, 22, 23 and 25.

Under consideration.

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