Written Answers. - Departmental Legislation.

Ruairí Quinn

Question:

884 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposals for legislation being prepared under the auspices of his Department where heads have not yet been approved by the Government; and if he will make a statement on the matter. [19596/00]

Ruairí Quinn

Question:

885 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposals for legislation being prepared under the auspices of his Department where heads have been approved by the Government; the expected date of publication; and if he will make a statement on the matter. [19611/00]

I propose to take Questions Nos. 884 and 885 together.

I refer the Deputy to the press release on the Government's legislation programme issued by the Office of the Government Chief Whip on 27 September 2000. That programme includes details of Bills in respect of which heads have been approved by the Government and of Bills in respect of which heads are being prepared in the Department and which have yet to be approved by the Government.

Ruairí Quinn

Question:

886 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the proposed statutory instruments being prepared in, or under the auspices of, his Department; the proposed effect of each; and if he will make a statement on the matter. [19626/00]

The information requested by the Deputy is set out in the tabular statement below:

Statutory Instrumentbeing prepared

Proposed effect of theStatutory Instrument

Aliens (Visas) Order, 2000.

To amend the list of states whose nationals do not require an entry visa for Ireland.

Amendment to Garda Siochána (Admissions and Appointments) Regulations, 1988 (as amended).

Revising regulations in relation to the extension of probation.

Video Recording Act, 1989 (Commencement) Order, 2000.

Commencement order to bring sections 5, 6 and 11(1)(a), subsections (2), (3) and (5) of section 12 and section 13 of the Video Recordings Act, 1989 (No. 22 of 1989), in so far as not already in operation, into operation.

Statutory instrument under section 48 (Commencement) of the Equal Status Act, 2000.

The purpose of the Statutory Instrument is to commence the remainder of the Equal Status Act, 2000. Section 47 of the Equal Status Act, 2000 has already been commenced, with effect from 14 June 2000, by the Equal Status Act, 2000 (Section 47) (Commencement) Order, 2000 [S.I. No. 168 of 2000].

Statutory Instrument to amend the Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997.

The Criminal Justice Act, 1984 (Electronic Recording of Interviews) Regulations, 1997 are being amended in advance of the introduction of audio and video recording of Garda interviews with suspects in Garda stations on a national basis to reflect changes which are deemed appropriate arising from the pilot trials which were conducted by the steering committee chaired by the Hon. Mr. Justice Esmond Smyth, President of the Circuit Court.

Statutory Instrumentbeing prepared

Proposed effect of theStatutory Instrument

Statutory Instrument under European Communities Act, 1972.

To give effect to Council Directive 97/80/EC of 15 December 1997, on the burden of proof in cases of discrimination based on sex.

Consolidated Circuit Court Rules, 2000.

To provide for the consolidation of all Circuit Court Rules made since 1950.

District Court (Jurisdiction of Courts and Enforcement of Judgements Act, 1998) Rules, 2000.

Amendment of Order 62 of the District Court Rules.

District Court (Criminal Justice) Rules, 2000.

To provide, by way of regulation, rules of court for the implementation of provisions of the Bail Act, 1997 and the Criminal Justice Act, 1999.

Rules of the Superior Courts (Offer of Payment in Lieu of Lodgement), 2000.

Amendment of Order 22 of the Rules of the Superior Courts.

Rules of the Superior Courts (Child Abduction and Enforcement of Custody Orders Act, 1991), 2000.

To provide, by way of regulation, rules of court for the implementation of provisions of the Child Abduction and Enforcement of Custody Orders Act, 1991.

Rules of the Superior Courts (Appeals from the Labour Court and Proceedings under the Employment Equality Act, 1998), 2000.

To provide, by way of regulation, rules of court for the implementation of provisions of the Employment Equality Act, 1998.

Rules of the Superior Courts (Amendment of Order 70a), 2000.

Amendment of Order 70a of the Rules of the Superior Courts.

District Court (Extradition) Rules, 2000.

Amendment of Order 29 of the District Court Rules.

Rules of the Superior Courts (Documentation for Review of Taxation),2000.

Amendment of Order 99 rule 38(5) of the Rules of Superior Courts.

Criminal Justice (Legal Aid) (Amendment) (No. 2) Regulations, 2000.

These Regulations provide for an increase in the fees payable under the criminal legal aid scheme to solicitors for attendance in the District Court and for appeals to the Circuit Court, and for an increase to solicitors and counsel in respect of essential visits to prisons and, other custodial centres (other than Garda stations) and for certain bail applications.

Prison Rules.

To update and consolidate existing prison rules.

Statutory Instrumentbeing prepared

Proposed effect of theStatutory Instrument

Human Rights Commission Act, 2000 (Establishment Day) Order.

The effect of this order will be to provide the establishment day of the Human Rights Commission under the Human Rights Commission Act, 2000.

International War Crimes Tribunals Act, 1998 (Section 37) Regulations.

To enable Ireland to co-operate with an international tribunal as defined in section 2 of the International War Crimes Tribunals Act, 1998.

Dublin Convention (Implementation) Order.

To give effect to the State's obligations as a party to the Dublin Convention. It will repeal and replace the Dublin Convention (Implementation) Order, 1997.

Refugee Act, 1996 (Appeals) Regulations.

To provide for the procedures to be followed in relation to the conduct of an appeal under section 16 of the Refugee Act, 1996.

Refugee Act, 1996 (Places and Conditions of Detention) Regulations.

To set out general principles and procedures for the detention of asylum seekers under the provisions of the Refugee Act, 1996.

Refugee Act, 1996 (Temporary Residence Certificate) Regulations.

To provide for the particulars and certain conditions applicable to a temporary residence certificate under section 9(3) of the Refugee Act, 1996.

Statutory Instrumentbeing prepared

Proposed effect of theStatutory Instrument

Refugee Act, 1996 (Travel Document) Regulations.

To prescribe the form of travel document for purposes of sections 4(3) and 24(5) of the Refugee Act, 1996.

Commencement Orders (Section 30(2) of the Refugee Act, 1996 and Section 11(2) of the Immigration Act, 1999).

To commence the Refugee Act, 1996 in full.

European Communities (Lawyers' Establishment) Regulations.

To give effect to Directive No. 98/5/EC which deals with the practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained.

Data Protection Act, 1988 (Section 5(1)(d)) (Specification) Regulations, 2000.

To update the Data Protection Act, 1988 (Section 5(1)(d)) (Specification) Regulations, 1993 in certain respects.

Ruairí Quinn

Question:

887 Mr. Quinn asked the Minister for Justice, Equality and Law Reform 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. [19641/00]

The information requested by the Deputy is set out in the tabular statement below:

Act, or part of

Whether it is proposed to make a commencement order

When commencement order will be made

The reason for the delay

Equal Status Act, 2000

Yes

October 2000

Section 47 of the Act was commenced on 14 June 2000. It is my intention to have the entire Act in operation later this year and my target date for so doing is October 2000, when the appropriate resources are expected to be in place.

Human Rights Commission Act, 2000 (section 3).

Yes

When the Government appoint the ordinary members of the commission.

A selection committee has been set up to advise the Government on the ordinary membership of the commission. When this committee has completed its work the Government will then be in a position to appoint the commissioners and the order will be made.

Act, or part of

Whether it is proposed to make a commencement order

When commencement order will be made

The reason for the delay

The Refugee Act, 1996, as amended by the Immigration Act, 1999 and the Illegal Immigrants (Trafficking), Act, 2000 – all sections. (Except sections 1, 2, 5, 6, 22 and 25 and the First Schedule to the Act which have already been commenced).

Yes

As soon as possible

(i)Inability of original Act to deal with large increases in asylum claims and need to amend Act, via the Immigration Act, 1999 to make it workable.(ii)Requirement to put in place new structures for processing asylum applications including new offices of the Refugee Applications Commissioner and Refugee Appeals Tribunal and to recruit a commissioner and chairperson of the tribunal.(iii)Enactment and commencement of the Illegal Immigrants (Trafficking), Act, which was the subject of a Supreme Court judgment on 28/8/00. This Act was commenced on 5/9/00.

Section 15 of Intoxicating Liquor Act, 2000

Yes

To be decided

Consultations with interested parties require to be completed.

Section 17 of Intoxicating Liquor Act, 2000.

Yes

To be decided

Consultations with interested parties require to be completed.

Sections 6(2) and 10(7)(b) of Data Protection Act, 1988

Yes

In due course.

Awaiting enactment of proposed Data Protection (Amendment) Bill, giving effect to Directive 95/46/EC on protection of personal data.

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

Yes

To be decided.

Additional staff require to be in place.

Part III of the Criminal Justice Act, 1999

Yes

In the near future

Awaiting amendment of court rules

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

As soon as possible

I 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. It made an interim report in October of last year. It will be possible to set a timescale for the commencement of these provisions when the committee has made its final report.

Act, or part of

Whether it is proposed to make a commencement order

When commencement order will be made

The reason for the delay

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

Yes

As soon as possible

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.

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

Yes

As soon as possible

As indicated in a previous reply to PQ No. 220 of 19 May 1999, the implementation of section 3(2) has been under consideration in my Department and I hope to have that provision brought into effect very soon.

Ruairí Quinn

Question:

888 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the directives issued under the treaties establishing the European Communities of which any provision coming under the auspices of his Department has not yet been transposed into law; if in each case such transposition will be effected by Bill or statutory instrument; if transposition is overdue in any case; if so, the steps, if any, taken by the European Commission by way of enforcement; and if he will make a statement on the matter. [19656/00]

Jim O'Keeffe

Question:

952 Mr. J. O'Keeffe asked the Minister for Justice, Equality and Law Reform the number of EU directives awaiting transposition into Irish law in his Department; the reasons for the delays in this regard; and the reaction of the European Commission in each case to such delays. [20715/00]

I propose to take Questions Nos. 888 and 952 together.

The information requested by the Deputies is set out in the tabular statement below.

Directive

Means of implementation:Bill or StatutoryInstrument

Is transposition overdue?If yes, reason for the delay.

Has any action been taken bythe European Commissionby way of enforcement

Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

To be decided.

No – to be transposed by 19 July 2003.

Not overdue.

Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex.

Statutory instrument.

No – there has been no delay in implementing this directive as the period for implementation has not expired.

No.

Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to processing of personal data and on the free movement of such data.

Bill

Yes. Drafting of a Bill to transpose Directive 95/46/EC is well advanced. Transposition delayed due to complexity involved and other legislative priorities.

Commission decided in January 2000 to take proceedings against Ireland for non-transposal of the directive.

Council Directive 98/5/EC of 16 February 1998. To facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained.

Statutory instrument but some provision in primary legislation is needed also.

Yes. Provision is needed in primary legislation in relation to some aspects of the directive. I intend to make that provision by way of Committee Stage amendment to the Solicitors (Amendment) Bill, 1998. The ministerial regulations necessary to give effect to the directive are at an advanced stage of preparation.

A letter of notice has been received from the Commission seeking observations on implementation of the directive.

889.
Mr. Quinn asked the Minister for Justice, Equality and Law Reform the committees, boards, companies or other bodies under the auspices of his Department which were established pursuant to statutory instrument; if he will give details of the statutory instrument in each case; if there are any proposals to have the body in question given a basis in statute as opposed to statutory instrument; and if he will make a statement on the matter. [19671/00]

I can inform the Deputy that the only committee, board, company or body under the auspices of my Department which was established pursuant to statutory instrument is the Garda Síochána Promotion Advisory Council which was established under the Garda Síocháná (Promotion) Regulations, 1987. I have no proposals to have the body given a basis in statute as opposed to statutory instrument.

Ruairí Quinn

Question:

890 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the committees, boards, companies or other bodies under the auspices of his Department which were established otherwise than pursuant to statute or statutory instrument; if there are any proposals to have the body in question given a statutory basis; and if he will make a statement on the matter. [19686/00]

The information requested by the Deputy is set out in the tabular statement below:

Name of Committee, Board, Company or other Bodies established other than by Statute or Statutory Instrument

Any proposal to establish this body on a statutory basis (if yes, give details)

Human Rights Commission Selection Committee.

No

National Crime Council

No

Committee to review the Offences Against the State Acts, 1939-1998 and related matters.

No

Interim Board of Land Registry and Registry of Deeds

Government approval given to Heads of Bill for establishment of the Property Registration Authority of Ireland (P.R.A.I.)

Internet Advisory Board

No

Gender Equality Monitoring Committee

No

Working Group to review maternity protection legislation

No

Name of Committee, Board, Company or other Bodies established other than by Statute or Statutory Instrument

Any proposal to establish this body on a statutory basis (if yes, give details)

Technical Advisory Committee on the Equality for Women Measures of the Regional Operational Programmes of the National Development Plan 2000-2006

No

Prisons Authority Interim Board

Legislation is being prepared to establish a statutory prisons board

Steering Committee on Communicable Diseases

No

National Strategy Group on Disruptive Prisoners

No

Advisory Group on Hostage Taking and Control and Restraint

No

Escort Guidelines Advisory Group

No

Sentence Review Group - established in 1989.

The question of establishing a parole board in place of the Sentence Review Group is currently under consideration and this will require legislation.

Advisory Committee appointed on an ad hoc basis to advise on the release of persons detained having been found guilty but insane or unfit to plead.

Yes – Criminal Law the (Insanity) Bill which is currently being drafted will, inter alia, provide for the establishment of a new mental care review body which will review the cases of persons detained after verdicts of not guilty by reason of insanity or findings of unfitness to plead.

National Steering Group on Deaths in Custody established in May 1996.

No

Advisory Group on Investment Based Naturalisation

No

National Consultative Committee on Racism and Interculturalism

Under consideration

Committee to co-ordinate and monitor progress on the recommendations of the Task Force on the Travelling Community

No

Traveller CommunicationCommittee

No

Working Group on Equality Proofing

No

Name of Committee, Board, Company or other Bodies established other than by stature or Statutory Instrument

Any proposal to establish this body on a statutory basis (if yes, give details)

Interdepartmental Co-ordinating Committee on Disability Issues

No

Disabled Drivers and Disabled Passengers Tax Concession Schemes Interdepartmental Review Group

No

Criminal Injuries Compensation Tribunal

No

Garda Síochána Physical Competence Test Review Group

No. Review group will report to the Minister and then disband.

Monitoring Committee for the Refugee Legal Service

No

Reception and Integration Agency: Interim Board

Yes – as soon as possible

Juvenile Justice Review Group

No

Committee to monitor the 3% quota for the employment of people with disabilities in the public sector

No

Drug Court Planning Committee

No

Committee on Court Practice and Procedure

No

Criminal Legal Aid Review Committee

No

National Steering Committee on Violence Against Women

No

Interdepartmental Synergies Committee

No. The Committee will operate over the period of the National Development Plan 2000 to 2006.

National Co-ordinating Childcare Committee (NCCC)

No. The Committee will operate over the period of the National Development Plan 2000 to 2006.

Certifying Bodies Subgroup, of the NCCC

No. The group was established to develop a draft framework in relation to certification and accreditation for submission to the new National Qualifications Authority of Ireland.

In January 1991, I appointed a seven person steering group with specific terms of reference to manage the affairs of the Irish Council of People with Disabilities, now People with Disabilities in Ireland Limited pending the establishment of a permanent elective council of people with disabilities. The remit of the steering group of the Irish Council of People with Disabilities is due to expire on 31 December 2000.

Ruairí Quinn

Question:

891 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the committees, boards, companies or other bodies under the auspices of his Department which it is proposed to establish; if it is intended that each such body will have a statutory basis; and if he will make a statement on the matter. [19701/00]

The information requested by the Deputy is as follows.

At its meeting of 23 May 2000, the Government approved the recommendations of the interdepartmental group on the review of the Gaming and Lotteries Acts, 1956 to 1986. One of the group's recommendations is for the establishment of a statutory based gaming and lotteries authority with direct responsibility for the overall regulation of gaming and lotteries in Ireland.

A consultative group on male-female wage differentials will be established as provided for in the Programme for Prosperity and Fairness. This committee will consider the recommendations of a forthcoming ESRI report on male-female wage differentials, including the case for a sectoral analysis in both the public and private sectors and will develop proposals for action or actions to address issues identified in the report for consideration by Government. It is not intended to establish this committee on a statutory basis.

A working group will be established in 2001 to conduct a review of the Parental Leave Act, 1998. The working group will comprise relevant Departments and agencies and the social partners. It is not intended to establish this committee on a statutory basis.

The Refugee Appeals Tribunal will be established shortly under section 15 of the Refugee Act, 1996, as amended. The tribunal will be independent in the performance of its functions. The tribunal will hear appeals from applicants for refugee status whose initial application has been turned down by the Refugee Applications Commissioner, in accordance with the provisions set out in the Act.

The Refugee Act, 1996 provides,inter alia, for the establishment of a Refugee Advisory Board, consisting of a chairperson and 14 ordinary members.

The Government on 28 March 2000, approved the establishment of a statutory agency to be called the Reception and Integration Agency under the aegis of my Department. On 18 April 2000, the Government approved my proposal for the establishment of an interim board for the agency which will operate on a non-statutory basis pending the enactment of legislation.

The Human Rights Commission Act, 2000 pro vides for the establishment of an independent Human Rights Commission. The Government has appointed Mr. Justice Donal Barrington as president of the commission and a selection committee under the chairmanship of Dr. T. K. Whitaker has been asked to draw up a list of candidates for consideration for appointment by the Government as ordinary members of the commission.
Legislation is currently being prepared to establish a statutory prisons board. Pending the enactment of the legislation, a prisons authority interim board was established with effect from 26 April 1999.
The Criminal Law (Insanity) Bill which is currently being drafted will,inter alia, provide for the establishment of a new mental care review body which will review the cases of persons detained after verdicts of not guilty by reason of insanity or findings of unfitness to plead.
It is intended to establish a non-statutory commission on liquor licensing in the near future. The commission will be charged with the task of examining the operation of the State's liquor licensing laws.
It is intended to establish county child care committees. The establishment of the committees is being facilitated by the health boards. Each committee will become a limited company and will operate within guidelines developed by the National Co-ordinating Child Care Committee chaired by my Department. It is not intended to establish the committees on a statutory basis.