Written Answers. - Legislative Programme.
Ruairí Quinn
Question:
69
Mr. Quinn
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the Acts or sections or other provisions of Acts under the auspices of her Department or for the commencement of which her 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 she will make a statement on the matter.
[7165/02]
The position in relation to the question put by the Deputy is as follows:
Section 2(2) of the Competition Act, 1991, provides for the repeal of the Restrictive Practices Act, 1972, and every order made under that Act. Section 2(2) of the 1991 Act also provides, inter alia, that different days could be fixed for the repeal for different purposes of any provision of the Restrictive Practices Act, 1972. The Competition Act, 1991 (Commencement) Order, 1991 (S.I. No. 249 of 1991) provides for the repeal of the Restrictive Practices Act, 1972 and every order made under that Act with the exception of the Restrictive Practices (Groceries) Order, 1987 (S.I. No. 142 of 1987).
Having considered the final report of the competition and mergers review group, which reported to me in May 2000 on a wide range of competition issues, including the Restrictive Practices (Groceries) Order, 1987, I decided to retain it. I came to the view that it was not in the consumer's interest to remove the Groceries Order which includes a ban on below cost selling. I was particularly concerned that below cost selling could be used to eliminate competition in local markets. The groceries sector is changing rapidly and I will keep the position under review in the light of developments.
The Competition Bill, 2001, which was passed in the Seanad on 20 February 2002, provides for the repeal of the Competition Act, 1991. Section 46 of the Bill provides that the Minister may, by order, amend or revoke the Restrictive Practices (Groceries) Order, 1987.
The Industrial Designs Act, 2001 (No. 39 of 2001), which was enacted in November 2001, awaits commencement. The commencement of this legislation is contingent on the making of detailed regulations to give full effect in practice to the provisions of the Act. These regulations, to be known as the Industrial Designs Rules, 2002, are expected to be completed and the Act to be commenced by the end of April.
Sections 98 and 247 of the Copyright and Related Rights Act, 2000, provide for exceptions allowing sound recordings of copyright works and performances to be played in public by certain non-profit clubs and societies without payment of royalties. It is hoped that the effect of these exceptions can be maintained informally by agreement with the rights management interests concerned. Consequently, no date for the making of a commencement order in respect of these sections has been set.
Sections 198 and 199 of the Copyright and Related Rights Act 2000 provide for the deposit of books and certain other materials in specified libraries. It is expected that these sections will be commenced later this year, following further consultations with the Department of Arts, Heritage, Gaeltacht and the Islands designed to secure a smooth transition from the pre-existing legislation to the new provisions. In the meantime, the existing provisions of section 56 of the Copyright Act 1963, and sections 65 and 66 of the National Cultural Institutions Act 1997, will remain in force unamended.
Commencement Orders for sections 5 and 6 of the Nítrigin Éireann Teoranta Act, 2001, have not yet been made. Section 5 provides that the Worker Participation (State Enterprises) Acts, 1977 and 1988, will cease to apply to NET. However, it is only intended to commence this section in the event of the sale or disposal of NET's 51% shareholding in Irish Fertilizer Industries Limited. The workers directors on the board of NET are actually employees of IFI. Therefore, if the State were to dispose of its shareholding in IFI there would no longer be any rationale for IFI employees to be elected to the board of NET.
Section 6 of the Nítrigin Éireann Teoranta Act, 2001, provides for the repeal of the Nítrigin Éireann Teoranta Acts, 1963 to 1993, to be brought into operation by order. Again, it is the intention to exercise this power only in the event of the State disposing of its shareholding in IFI and the subsequent winding up of NET.
One Part of section 8 of the Insurance Act, 2000, has not been commenced. That part deals with the repeal of section 47 of Part IV of the Insurance Act, 1989 – the requirement for insurance intermediaries to hold a bond. When bonds are finalized section 8 will be fully commenced.
Commencement Orders in respect of sections 18, 19, 20, 36, 37 and 38 of the Industrial Development (Enterprise Ireland) Act, 1998, have not been made. The staff of Enterprise Ireland and IDA Ireland are currently employees of Forfás on terms and conditions which provide,inter alia, for superannuation benefits. The above provisions would allow for the separate employment by these agencies of their own staff and for necessary provision of superannuation benefits to those staff. I have no immediate plans to bring these provisions into effect.
The Company law Enforcement Act was enacted in July 2001. The sections of the Act that have not been commenced by reason of the fact that a commencement order has not been made are as follows: (a) 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58; (b) 93 (b)(fa)(ii); (c) 109 and (d) 110. The sections of the Act referred to at (a) relate to the winding up of companies and, in particular, those that have become insolvent. It is proposed to commence these sections by way of commencement order on 1 May 2002. Section 93(b)(fa)(ii) will be commenced following further consideration. Section 109 will be commenced following further discussions with the Director of Corporate Enforcement. Section 110 relates to the provision of information to juries. Commencement of this section will be done in consultation with the Department of Justice Equality and Law Reform.
Sections 248 and 249 of the Companies Act, 1990 provide for matters relating to the delivery of documents to the registrar of companies in legible and non-legible form. The commencement of these sections is currently being considered.
Sections 68(1)(c), 120(5) and 122(1)(f) of the Credit Union Act, 1997, have yet to be commenced. Consideration will be given to their commencement following discussions with the registrar of friendly societies and the credit union movement.
Part II of the Dangerous Substances Act, 1972 (No. 10 of 1972) dealing with provisions in relation to the safety of explosives has not been commenced. This part,inter alia, would make the Minister for Enterprise, Trade and Employment, rather than the Minister for Justice, Equality and Law Reform, responsible for explosives safety and the making of regulations in connection with same. The issue of State security has delayed the commencement order on this part of the Act.
Section 4 of the Safety, Health and Welfare at Work Act, 1989, automatically repealed specific provisions of existing enactments on safety and health, that is, Factories Act, 1955, Safety in Industry Act, 1980, Office Premises Act, 1958, Mines and Quarries Act, 1965, Dangerous Substances Acts, 1972 and 1979, and the Safety, Health and Welfare (Offshore Installations) Act, 1987 – from 1 November 1989, both in relation to sections as a whole, or certain provisions relating to penalties. The section, in conjunction with section 1(2), also provides for the repeal of all remaining provisions of these enactments, together with the Boiler Explosions Acts, 1882 and 1890, subject to the making of commencement orders under section 1(2) of the Act in respect of any of those enactments or any of their provisions.
Three such repeals orders have been made to date including the Safety, Health and Welfare at Work (Repeals and Revocations) Order 1995 (S.I. No. 357 of 1995). This order,inter alia, repealed the Office Premises Act, 1958, in full and repealed 46 sections in full, and seven sections partially, of the Factories Act, 1955. The order also revoked 55 sets of regulations in full and partially revoked 12 sets of regulations made under a range of statutes. The purpose of the exercise was to avoid overlapping or duplication between different statutory provisions and to remove enactments that had become obsolete. The legislation is currently under review to identify further provisions that may be considered for repeal at this stage.
Ruairí Quinn
Question:
70
Mr. Quinn
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
the proposed statutory instruments being prepared in, or under the auspices of, her Department; the proposed effect of each; and if she will make a statement on the matter.
[7180/02]
Statutory instruments are being prepared, or will be prepared, to transpose the EU directives due for implementation by secondary legislation which are referred to in my reply today to the Deputy in Question No. 68. Details of the Directives are available on my Department's website at http://www.entemp.ie/ecd/eudirectives.htm.
Details of other statutory instruments being prepared are as set out as follows.
A statutory instrument is being prepared in the Department to give effect to amendments made to Council Regulation (EC) No. 1334/2000 of 22 June setting up a community regime for the control of exports of dual-use items and technology. A statutory instrument is being prepared in the Department to introduce penalties for breaches of the trade sanctions introduced against Zimbabwe under Council Regulation (EC) No. 310/2002 of 18 February 2002. A further statutory instrument is being prepared in the Department to introduce penalties for breaches of the embargo on the importation of rough diamonds from Sierra Leone which was renewed under Council Regulation (EC) No. 303/2002 of 18 February, 2002.
Draft Industrial Designs Rules, 2002, are being drafted to give effect to the Industrial Designs Act, 2001 (No. 39 of 2001), which was enacted in November 2001. These rules will commence the Act, set out the procedures to be followed in relation to the various proceedings under the Act and set out in more detail the methods by which the Controller of Patents, Designs and Trade Marks and the Patents Office will carry out their functions under the Act. It will also set down the fees to be charged by the Patents Office for the services to be provided under the Act
Draft Copyright and Related Rights (Register of Copyright Licensing Bodies) Regulations will prescribe detailed rules for the keeping of a register of copyright licensing bodies under the provisions of section 175 of the Copyright and Related Rights Act, 2000. Similar draft regu lations will be prepared in relation to the statutory registers of licensing bodies in the areas of performers' property rights and the database right in due course.
Draft Copyright and Related Rights (Proceedings before the Controller) Rules will provide for the procedures to be adopted by the Controller of Patents, Designs and Trade Marks in adjudicating disputes referred to him for resolution under the provisions of the Copyright and Related Rights Act, 2000.
A draft Copyright and Related Rights (Certification of Licensing Scheme for the Purposes of Reprographic Copying by Educational Establishments) (Irish Copyright Licensing Agency) Order will certify a licensing scheme proposed by the Irish copyright licensing agency for the management of copyright rights relating to photocopying in educational establishments, as provided for in section 173 of the Copyright and Related Rights Act, 2000.
A draft Copyright and Related Rights (Notice of Seizure) Order will prescribe the form of the notice to be given by copyright and related rights owners for the seizure of infringing copies of copyright works, illicit recordings of performances and other items the seizure of which is provided for in the Copyright and Related Rights Act, 2000.
A draft Copyright and Related Rights (Notify and Take Down) Order will specify the form of notice to be given by copyright and related rights owners in notifying Internet service providers of the presence of infringing copies of protected materials in their equipment, and requiring their removal, as provided for in sections 40 and 205 of the Copyright and Related Rights Act, 2000.
A draft Copyright (Foreign Countries) Order will formalise the extension of protection under Irish copyright law afforded by the Copyright and Related Rights Act, 2000 to copyright works qualifying for protection under the copyright laws of states and territories to which reciprocal obligations in this regard are owed under a number of international treaties and conventions.
There is a proposal to amend the European Communities (Requirements to Indicate Product Prices) Regulations. These regulations provide that selling and unit price which is defined in the regulations as price per kg, per litre or per metre, square metre, or cubic metre unless provided for in the schedule attached to the regulations must be given. A need has been identified for some additional exemptions from standard units. Consultations have commenced.
Three sets of draft regulations under the Consumer Credit Act, 1995, are being prepared. The purpose of these regulations is to designate entities as credit institutions for the purposes of the Consumer Credit Act, 1995.
A Statutory Instrument is being prepared to amend the Safety in Industry Acts, 1955 and 1980 (Hoists and Hoistways) (Exemption) Order, 1985 (S.I. No. 100 of 1985), the purpose of which is to avoid any potential conflict between the provisions of that order and the provisions of paragraph 39 of the Fifth Schedule to the Safety, Health and Welfare at work (General Application) Regulations, 1993 (S.I. No. 44 of 1993) as inserted by Regulation 2 of the Safety, Health and Welfare at Work (General Application) Regulations, 2001 (S.I. No. 188 of 2001).
The sixth commencement order under the Company Law Enforcement Act, 2001, is currently being considered. It is envisaged that sections 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 will be commenced from 1 May 2002.
Section 56 of the Company Law Enforcement Act provides for a liquidator of an insolvent company to report to the Director of Corporate Enforcement on the conduct of director(s) of that company. The report submitted to the director must be in a prescribed form. Draft regulations are being prepared to prescribe the form of the report.
Section 58 of the Company Law Enforcement Act, 2001, provides for a disciplinary committee or tribunal of a prescribed professional body to report any misconduct by liquidators or receivers to the Director of Corporate Enforcement. Draft regulations are being prepared prescribing the professional bodies.
Section 120 of the Companies Act, 1990, requires the Irish Stock Exchange to submit to the Minister an annual insider dealing report. Draft regulations are being prepared to require the provision of additional information in the report.
Draft regulations amending the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 1989-1999. Draft regulations are in preparation for the purpose of updating the Central Bank's powers to supervise and regulate UCITS, disapplying various company law provisions to UCITS consistent with changes made for Part XIII investment companies in the Companies (Amendment) (No. 2) Act, 1999, and making various miscellaneous changes to the present regulations.
Section 2 of the Friendly Societies (Amendment) Act, 1977, provides that the Minister may by regulation alter the restrictions that apply to the making of loans and acceptance of deposits by societies governed by section 46 of the Friendly Societies Act, 1896. Draft regulations are being prepared for the purposes of increasing the financial limits on deposits with, and loans by, specially authorised loan societies within the meaning of section 8(5) of the Friendly Societies Act, 1896, and which are governed by section 46 of that Act.
