Vol. 492 No. 4
83 Ms Fitzgerald asked the Tánaiste and Minister for Enterprise, Trade and Employment the proposals, if any, for legislation being prepared under the auspices of her Department that have not yet been published; and the statutory instruments, if any, being prepared in her Department. [13975/98]
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Proposed Legislation |
Purpose |
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Implementation of Posting of Workers Directive (96/71/EC) |
To ensure that the pay and conditions of such workers at least equate to the minimum levels applicable in the host State. |
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Patents Act (Amendment) Bill, 1998 |
To implement the TRIPS Agreement |
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The Copyright and Related Rights Bill |
To implement three EU Directives on Copyright and Related Rights, to fulfil requirements arising from the EEA agreement and deal with urgent domestic issues. |
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Insurance Bill, 1998 (not yet published) |
To allocate regulatory responsibility for insurance intermediaries to the Central Bank. |
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Companies (Amendment) Bill |
Is designed to implement a number of the recommendations in the First Report of the Company Law Review Group. The primary aims of this Bill are: |
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— to remove from certain small firms the statutory requirements that their accounts must be audited annually and |
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— to refine the examinership framework for companies in financial difficulties. |
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The Bill will also deal with two specific amendments required in relation to the Investment Limited Partnerships Act, 1994 and procedures under the Companies Acts in relation to prosecutions. |
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In addition the Bill may also include provisions aimed at addressing problems caused by some Irish Registered Non-Resident companies. |
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Industrial and Provident Societies (Amendment) Bill |
This legislation is necessary to fulfil a commitment in Partnership 2000 to facilitate structural change in the food industry. The Bill will also update a number of provisions in the existing Industrial and Provident Societies Acts, 1893-1978. Discussions are currently under way with interested parties. |
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Proposed Statutory Instruments |
Purpose |
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Draft Statutory Instrument on transparency in the sale of life assurance products |
A Statutory Instrument is being prepared regarding the introduction of life insurance transparency Regulations which will provide the Consumer, as of legal right, with understandable pre-contractual and post-contractual information, on essential features and key areas, associated with the purchasing of a life assurance product. |
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Draft Statutory Instrument on transparency in the sale of non-life insurance products |
Transparency Regulations are in the process of being drafted for the non-life insurance sector to contain key elements associated with the purchase of non-life insurance products. |
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European Communities (UCITS) (Amendment) Regulations |
The purpose of these proposed Regulations is to update the existing 1989 Regulations in the light of developments in the financial sector since then. The new Regulations will provide a modern statutory basis for the development and supervision of Undertakings for Collective Investment in Transferable Securities (UCITS) and will also implement Directive 95/26/EC in so far as UCITS are involved. |
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Credit Union Act 1997 (Section 48) Regulations |
These Regulations will set out the additional services which may be provided by credit unions but which will not require the prior approval of the Registrar of Friendly Societies. Such services would be those which do not involve risk to a credit union's assets or the funds of its members. |
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Credit Union Act 1997 (Commencement) Order |
This Order will bring a number of outstanding provisions of the Credit Union Act 1997 into effect. The rest of the Act was brought into effect on 1st October 1997. |
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Work is in hand in relation to the preparation of the two “Forms” Orders by way of Statutory Instrument under the Companies Acts, 1963 to 1990. |
The first Forms Order will make changes in relation to the “legalisation” of documents received in the Companies Registration Office from foreign jurisdictions. Implementation of this Forms Order will enable the Minister for Foreign Affairs on behalf of the Minister for Justice to ratify three Conventions dealing with legilisation of documents as recommended by the Law Reform Commission - the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents; the European Convention on the Abolition of Legalisation of Documents executed by Diplomatic Agents or Consular Officers; and the Convention Abolishing the Legalisation of Documents in the member states of the European Communities. |
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The second Forms Order is designed to facilitate the submissions of information in respect of donations by companies required to be disclosed under Section 26 of Electoral Act, 1997. |
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Draft Statutory Instrument under section 248 (6) of the Companies Act, 1990. |
Section 248 of the Companies Act, 1990 applies to the delivery of documents in legible form to the Registrar of Companies. Sub-section (3) permits the Registrar to return/reject documents for whatever reason and sub-section (6) provides that regulations may be made with respect to the form and content of the different documents deliverable to the Registrar. It is proposed to bring the Section into force once the Regulations have been made. |
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Organisation of Working Time (Record Keeping) (Exemption) Regulations, 1998. |
To exempt employers in certain circumstances from certain of the record-keeping requirements of the Organisation of Working Time Act, 1997. |
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Safety, Health and Welfare at Work (Night Work and Shift Work) Regulations, 1988. |
To prescribe certain actions which employers must take to protect the safety and health of their employees who are night workers or shift workers |
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An Order is currently being prepared which will amend the definition of “worker” in Section 23 (1) of the Industrial Relations Act, 1990. |
To give officers of Local Authorities and Health Boards access to the Labour Relations Commission, Labour Court, and Rights Commissioners. |
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A draft Statutory Instrument has been prepared in relation to the issuing, by designated authorities, of Certificates of Origin. This draft is currently with the Parliamentary Draftman's Office. |
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A draft Statutory Instrument has been prepared in order to introduce penalties for breaches of those areas of the EU/UN trade embargo recently introduced against the Federal Republic of Yugoslavia which fall under the remit of the Department. This draft S.I. is currently with the Parliamentary Draftsman's Office. |
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The protection of young people at work (occupational safety and health aspects). |
To give effect to Directive 94/33/EC |
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Minimum health and safety requirements on board fishing vessels |
To give effect to Directive 93/103/EC |
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Equipment and protective systems for use in potentially explosive atmospheres |
To give effect to Directive 94/9/EC |
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Electrical equipment for use in potentially explosive atmospheres |
to give effect to Directives 94/26/EC & 97/53/EC |
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Marketing and use of dangerous substances and preparations |
to give effect to Directives 94/60/EC, 97/10/EC & 97/16/EC |
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Classification, packaging and labelling of dangerous substances |
to give effect to Directives 94/69/EC, 94/54/EC and 94/56/EC |
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Protection of workers from risks related to exposure to biological agents |
to give effect to Directives 94/30/EC, 97/59/EC & 97/65/EC |
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Classification, packaging and labelling of dangerous preparations (child-resistant fastenings) |
to give effect to Directive 96/65/EC |
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Classification, packaging and labelling of dangerous substances |
to give effect to Directive 97/69/EC |
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Lifts |
to give effect to Directive 95/16/EC |
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Pressure Equipment |
to give effect to Directive 97/23/EC |
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Motor Vehicles Type Approval |
to give effect to Directive 98/12/EC |
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Quantitative ingredient listing |
to give effect to Directive 97/4/EC |
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Injunction for the protection of consumers' interests |
to give effect to Directive 98/27/EC |
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Indication of the prices of products offered to consumers |
to give effect to Directive 98/6/EC |
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Protection of consumers in respect of distance contracts |
to give effect to Directive 97/7/EC |
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Comparative advertising |
to give effect to Directive 97/55/EC |
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Methods by which annual percentage rates (APR) shall be calculated |
to give effect to Directive 98/7/EC |
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Textile names. |
to give effect to Directive 97/37/EC |
84 Ms Fitzgerald asked the Tánaiste and Minister for Enterprise, Trade and Employment the Acts and provisions of Acts under the auspices of her Department which, as of 1 June 1998, are not in force, in view of the fact that 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. [13990/98]
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Act |
Provision |
Statement |
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Companies Act, 1963 |
Section 195 (8) (as inserted by Section 51 of the Companies Act, 1990) |
Following enactment of this particular provision, it was realised that its commencement could give rise to situations where no particulars of Directors would be recorded on company files in the Companies Registration Office, in respect of some registered companies Examination of how this particularly difficult problem might be addressed is ongoing and pending the completion of same, it is not intended to bring the specific subsection into operation. |
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Companies Act, 1990 |
Sections 248 and 249 |
These sections deal with the delivery to the Registrar of Companies of documents in legible form, or in a form other than legible form, respectively. The particular sections make provision for the making of Regulations. Until such time as the appropriate |
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Regulations are prepared, it is not proposed to commence these sections. |
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Credit Union Act, 1997 |
Sections 46-52 |
It is intended that many of these provisions will be commenced within the next 18 months. |
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Section 68 (1) (c) |
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Section 120 (5) |
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Section 122 (1) (f) |
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Dangerous Substances Act, 1972 as amended by Section 1 of the Dangerous Substances (Amendment) Act, 1979 |
Sections 7(i) and 7(ii) and Part 2 — Sections 9-19 |
There are no plans at present to make a commencement order in relation to this provision. |
