Written Answers. - Legislative Programme.

Ruairí Quinn

Question:

268 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 it is intended to make such an order; if so, when; the reason for the failure to make such an order to date; and if he will make a statement on the matter. [7176/02]

The information requested 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

The reason for the delay

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 the Data Protection (Amendment) Bill, 2002.

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

Yes

In due course

These two sections have staffing implications for certain bodies and they will be brought into operation as soon as the necessary staff can be made available.

Irish Nationality and Citizenship Act, 2001 (No. 15 of 2001)

Yes

In due course

Section 2(a)(iii) and section 3 came into effect on the passing of the Act on 2 June 2001. I intend to commence the remaining provisions of the Act as soon as possible by the making of a commencement order under section 9 of the Act. For this purpose I am in consultation with the Minister for Foreign Affairs regarding the practical arrangements.

Section 11 of the Criminal Justice (United Nations Convention Against Torture) Act, 2000

Yes

Commencement to coincide with the date the Convention comes into force in the country – i.e. 30 days after the deposit of Ireland's instruments of ratification. The procedure for ratification is being dealt with by the Minister for Foreign Affairs.

Commencement to coincide with ratification.

Children Act, 2001 – certain provisions

Yes

It is expected to make the Order shortly.

Persons and bodies who will implement the new provisions, or who are affected by them, require time to become acquainted with them and to adapt their procedures accordingly.

Extradition (European Union Conventions) Act, 2001

Yes

Expected to be commenced by 31 March, 2002

Commencement to coincide with ratification of the two EU Conventions involved.

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, 1999. It will be possible to set a timescale for the commencement of these provisions when the Committee has made its Final Report.

Prevention of Corruption (Amendment) Act, 2001 Section 4(2)(c)

Yes

As soon as possible

The operation of this Section is dependent on the commencement of the relevant sections of the Planning and Development Act, 2000.

Criminal Justice (Theft and Fraud Offences) Act, 2001

Yes

As soon as possible

Parts 5 and 7 and sections 23, 53, 58 and 60(1) are already in operation. It is necessary to allow the gardaí and DPP time to become familiar with the bulk of the provisions of the Act before commencement.