Written Answers. - Legislation Commencement.

Ruairí Quinn

Question:

675 Mr. Quinn asked the Minister for the Environment and Local Government 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 commenced 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. [19638/00]

The information requested is set out in the following table:

Details of Act

Relevant Sections not commenced

Proposals to Make commencements Order(s)

Finance Act, 1976

Sections 68, 69, 70, 72 and 75

As these provisions deal with liability for motor tax regardless of whether a vehicle is on the road rather than the present system, there are no proposals to commence the sections concerned.

Finance Act, 1993

Section 59 (2)

This provision, which would provide for the taxing by one licensing authority of a motor vehicle which is kept in the area of another licensing authority, will be commenced following the completion of the National Vehicle and Driver File computer system.

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.

Details of Act

Relevant Sections not commenced

Proposals to Make commencements Order(s)

Housing Act 1988

Section 8

There are no plans to commence this section as there are provisions contained in the Planning and Development Act, 2000 which require local authorities to prepare Housing Strategies.

Environmental Protection Act, 1992

Sections 93 and Parts of the First Schedule

There are no plans to commence this section at present as there are no current plans for changes of the type envisaged in the section concerned. The First Schedule is fully commenced for new activities and substantially commenced for existing activities. A Bill to amend the Act, primarily for the purpose of transferring EU Directive 96/61/EC on integrated pollution prevention and control, is currently being drafted.

Sections 102 and 103

These sections deal with designating powers to the EPA to make Air and Water Quality Management Plans and to set air and water quality standards. The need for the EPA to use these powers has not arisen to date as such management plans are made by local authorities and the relevant quality standards have been set using other legislative provisions.

Air Pollution Act, 1987

Section 9

This section provides for the repeal of certain Acts and Regulations in whole or in part. While Section 9 has been commenced in respect of some of the Acts and Regulations concerned, some of the relevant provisions are still extant and it is not appropriate to commence the remainder of this Section as yet.

Sections 20, 21, 22, 23 and 25

The need for the Minister to avail of these powers has not generally arisen to date. The situation will be kept under review.

Planning and Development Act, 2000

All Sections

The Act will be commenced in two tranches - the first at the end of this month and the second at the beginning of next year.

Electoral Act, 1997

Sections 78 and 79

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.

Local Government Act, 1991

Part VI and associated repeals

These provisions, adapted as necessary to take account of the local government renewal and modernisation programme, are included in the Local Government Bill, 2000, currently with before the Oireachtas.

Section 54(a)

Overtaken by the Local Government Act, 1994 and scheduled for repeal in the Local Government Bill, 2000.

Local Government Act, 1994

Sections 18, 59 and 68(2)

These provisions will be repealed in the context of the Local Government Bill, 2000.

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 before end 2000. The power for the placing of weight restrictions on bridges is set out in Section 158 of the Road Traffic Act, 1933, which was replaced by Section 93 of the Road Traffic Act, 1961, is still extant and continues to afford legal protection to bridges from the effects of excessive burdens. The amendments introduced through Section 61 of the Road Traffic Act, 1968 provides for an extension of the controls which are currently in place.

Section 58 of the Road Traffic Act, 1968 (which amends Section 86 of the Road Traffic Act, 1961)

This Section provides that the functions vested in the Garda Commissioner to make bye-laws in respect of stopping places and stands for omnibuses could be transferred to the Minister. The question of the effective transfer of that function would only arise in the event that a need was established to amend or replace the bye-laws which the Commissioner has made under Section 86 of the 1961 Act. As these bye-laws are still relevant, no such need exists.

Details of Act

Relevant Sections not commenced

Proposals to Make commencements Order(s)

Road Traffic Act, 1994

Section 25

It is intended to commence this Section in association with the development of the proposed Penalty Points System

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.

This is being dealt with in the context of the Local Government Bill 2000