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Dáil Éireann debate -
Tuesday, 16 Jun 1998

Vol. 492 No. 4

Written Answers. - Proposed Legislation.

Frances Fitzgerald

Question:

281 Ms Fitzgerald asked the Minister for Justice, Equality and Law Reform the proposals, if any, for legislation being prepared under the auspices of his Department that have not yet been published; and the statutory instruments, if any, being prepared in his Department. [13986/98]

I could not undertake to provide, by way of a response to a parliamentary question, what particular legislative proposals I may have in mind. Such proposals, once formulated, are brought to Cabinet for approval in the normal way, prior to publication. The following Statutory Instruments are in course of preparation in my Department.

Regulations to provide a national age card scheme under the Intoxicating Liquor Act, 1988

Licensing (Combating Drug Abuse) Act, 1997 (Forfeited Property) Regulations

Criminal Justice Act, 1994 (Section 46(1)) Order

Criminal Justice Act, 1994 (Section 47(1)) Order

Criminal Justice Act, 1994 (Section 55(1)) Order

Criminal Justice (Drug Trafficking) Act, 1996 (Section 6) Regulations

Regulations under Section 32 of the Criminal Justice Act, 1994

Maternity Protection (Calculation of maximum Compensation) Regulations

Sheriffs Fees Order 1998
Rules of the Superior Courts (Applications pursuant to Article 28.4.3 of the Constitution)
District Court (Attachment and Committal) Rules, 1998
District Court Housing Miscellaneous Provisions) Act, 1997) Rules, 1998
Circuit Court Rules, 1998 (Domestic Violence Act, 1996)
Circuit Court Rules, 1998 (Organisation of Working Time Act, 1997)
Rules of the Superior Courts (Appeals from the Hepatitis C Compensation Tribunal), 1997
Rules of the Superior Courts (Freedom of Information Act, 1997), 1998
Rules of the Superior Courts (Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997), 1998
Video Recording Act 1989 (Supply Certificate and Labelling) (Amendment) Regulations 1998
Garda Síochána (Registration of Certain Births and Deaths occurring outside the State)
Regulation 1998 (replacing S.I. No. 71 of 1989 (Garda Síochána Registration of Certain Births and Deaths occurring outside the State))
Decommissioning Act, 1997 (Decommissioning) Regulations, 1998
Decommissioning Act, 1997 (Sections 5 and 6) (Commencement) Order, 1998

Frances Fitzgerald

Question:

282 Ms Fitzgerald asked the Minister for Justice, Equality and Law Reform the Acts and provisions of Acts under the auspices of his Department which, as of 1 June 1998, are not in force because a commencement order has not been made; whether it is proposed to make an order in each case; and, if so, when this will be made. [14001/98]

The information sought by the Deputy is set out in the following tabular statement.

Act (or part of)

Whether it is proposed to make a commencement order

When commencement order will be made

Bail Act, 1997 (except section 10)

Yes

Since implementation of the Act has implications for prison accommodation the position is being kept under review in the light of new accommodation becoming available, particularly the new remand prison at Cloverhill

Courts Service Act, 1998. All except Parts 1 and 8 and Section 36.

Yes

After a period enabling the courts services transitional board to prepare for the establishment of the Courts Service

Courts (No. 2) Act, 1986 (Section 3(2))

Yes

In the near future

Courts and Court Officers Act, 1995 (sections 3(2), 4, 5 and 44)

The making of a commencement order is being considered in the context of a review of the position regarding the arrears of appeals before the Supreme Court

As soon as possible

Criminal Evidence Act, 1992 (sections 15(1) to (3), section 16(1)(b), and section 19 in so far as it relates to the reference in it to sections 15(1)(b) and 16(1)(b)

The question of making the necessary orders is under consideration

As soon as possible

Children Act, 1997: section 11 (in so far as it inserts sections 20, 21, 22, 26, 28 and 29 into the Guardianship of Infants Act, 1964) and Part III

As soon as necessary arrangements (in consultation with relevant Departments) are in place

Intoxicating Liquor Act, 1988 (section 47)

Under continuing review

No date decided upon

Data Protection Act 1988: sections 6(2) and 10(7)(b)

Question of orders to be considered in context of current review of consultative procedures

Video Recording Act, 1989 - section 12 (c)

Position under review

Position under review

Europol Act, 1997

Yes

A commencement order will be made when the date of ratification of the Europol Convention by all 15 EU member states is known

Refugee Act, 1996 (all sections except 1, 2, 5, 22 and 25)

No

Due to the large numbers of applications being made and the backlog thus generated, it appears that procedures provided for in the Act may have been overtaken by events and that the remaining sections of the Act should not be implemented for the present

Decommissioning Act, 1997 - sections 5 and 6

Yes

End of June 1998

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