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Dáil Éireann debate -
Wednesday, 19 May 1999

Vol. 505 No. 1

Written Answers. - Implementation of Acts.

Ruairí Quinn

Question:

220 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the Acts and provisions of Acts not in force by reason of the fact that a commencement order has not been made; if such an order will be made; if so, when it will be made; and if he will make a statement on the matter. [13250/99]

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

Employment Equality Act, 1998

Yes

The Employment Equality Act, 1998, will be brought into operation as soon as the infrastructure to support it is in place. My Department is working towards a target date of 1 September 1999 for commencement of the Act.

Jurisdiction of Courts and Enforcement of Judgments Act, 1998

Yes

The Act will be commenced to coincide with Ireland's ratification of the Convention on the Accession of Austria, Finland and Sweden to the 1968 Brussels Convention.

Children Act, 1997: section 11, in so far as it inserts sections 26 and 28 into the Guardianship of Infants Act, 1964

Yes

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

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

Not until amending legislation has been enacted

It is not possible to implement the Act as it stands because the structures which the Act envisages would not be capable of handling the level of asylum applications being made in the State. The Minister intends to bring forward amendments to make the Act workable by way of the Immigration Bill, 1999, which is currently at the Select Committee on Justice, Equality and Women's Rights. These amendments are at an advanced stage of preparation and it is expected that they will be published shortly.

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 and sections 1 to 4 in respect of the Special Criminal Court

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 during the tenure of the present Government, particularly the new remand prison at Cloverhill and the new midlands prison.

Courts Service Act, 1988. 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.

Section 2 of the Europol Act, 1997, in so far as it applies to the protocol drawn up on the basis of Article K3 of the Treaty on European Union and Article 41 (3) of the Europol Convention (Privileges and Immunities of Europol Employees)

Yes

A commencement order will be made when all member states have ratified the protocol. It is expected that the two outstanding member states will complete their ratification procedure in the near future

Criminal Justice Location of Victims' Remains) Act, 1999.

Yes

This order will be made shortly once similar legislation in the United Kindom has been enacted

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

Yes

The Minister set up a committee in October, 1998, to draw up guidelines for persons video recording out-of-court statements of sexual and physical abuse victims under 14 years of age. The committee expects to report to the Minister later this year when it will be possible to set a timescale for the commencement

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

Courts (No. 2) Act, 1986 – section 3(2)

Under consideration

As soon as possible

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