Written Answers. - Departmental Legislation.

Ruairí Quinn


550 Mr. Quinn asked the Minister for Health and Children the Acts or sections or other provisions of Acts under the auspices of his Department or for the commencement of which his Department is responsible which have not com menced by reason of the fact that a commencement order has not been made; if he has any plans to make such an order in each case; if so, when; the reason for the failure in each case to make such an order to date; and if he will make a statement on the matter. [19637/00]

The following is the information requested by the Deputy.

Section 50 (7) of the Food Safety Authority of Ireland Act, 1998 (No. 29 of 1998) has not yet commenced. My Department has received legal advice that this subsection is inappropriate to this section and should be revoked. Consequently, it is my intention to revoke this subsection when an opportunity arises to amend the Food Safety Authority of Ireland Act, 1998.

The Health (Mental Services) Act, 1981 was not brought into force as its provisions were overtaken by provisions in international law which require different safeguards against improper detention than those provided under the Act. The Mental Health Bill, 1999, currently before the Oireachtas will provide for such safeguards and will repeal the Health (Mental Services) Act, 1981.

The provisions of section 47(1) of the Health Act, 1970 regarding appeals were not brought formally into effect but procedures have been operating informally in all health boards.