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Dáil Éireann debate -
Tuesday, 25 Feb 2003

Vol. 562 No. 1

Written Answers - Legislative Programme.

Denis Naughten

Question:

437 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the secondary legislation outstanding within his Department; the function of each piece of secondary legislation; and if he will make a statement on the matter. [5526/03]

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

Secondary legislation

Function of Legislation

Rules for the Government of Prisons.

The consolidation and modernisation of the rules governing prisons.

Court and Court Officers Act 1995 – Sections 3(2), 4, 5 and 44.

Commencement of relevant Sections.

Courts and Court Offices Act 2002 – Sections 13 to 18 and Section 46.

Commencement of relevant Sections.

Intoxicating Liquor Act 2000.

Commencement of Sections 15 and 17 which relate, respectively, to the display of Notices in licensed premises concerning under-age drinking and the labelling of containers in which alcohol is sold off the premises.

Data Protection Act 1988.

Commencement of Sections 6(2) and 10(7)(b) which are technical provisions in relation to the disclosure of personal data.

Regulations under the European Communities Act 1972 to give effect in Irish Law to the Provisions of Council Directive 2001/40/EC of May 2001 on the mutual recognition of decisions on the expulsion of third country nationals.

To make it possible for the enforcement by one Member State (enforcing State) of an expulsion order issued by an administrative authority in another Member State (issuing State).

Regulations under the European Communities Act 1972 to give effect to EC Directive 98/5.

To facilitate the practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained.

Commencement order(s) in respect of the provisions of Section 11 of the Children Act 1997.

Inserts new sections 26 (social reports in the District Court) and 28 (appointment of guardian ad litem for a child and provision for separate representation ) in the Guardianship of Infants Act 1964.

Criminal Justice Act 1994.

Order designating certain professions for the purposes of requiring them to take measures to prevent money laundering (to comply with EU Directive 2001/97/EC).Order designating countries as countries complying with international standards on money laundering, under section 32(10)(d): Argentina, Brazil, Mexico.

Designation under sections 46(1), 47(1) and 55(1) of the Criminal Justice Act 1994.

Designation of countries for the purpose of foreign confiscation and forfeiture orders and search warrants.

Criminal Justice (Drug Trafficking) Act 1996 Regulations.

To provide, by way of regulation, in accordance with Section 6 of the Criminal Justice (Drug Trafficking) Act 1996 for the attendance and-or participation of an officer of customs and excise, in the questioning of a person detained in relation to a drug trafficking offence.

Criminal Justice (Theft and Fraud Offences) Act 2001.

Commencement Order for Section 57.

Children Act 2001.

Commencement of further parts of the Act.

International War Crimes Tribunal Act 1998 – S 37 Regulations.

To ensure Ireland is in a position to respond more effectively in the event of requests for assistance from the International tribunals.

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).

A committee was set up in October, 1998 to draw up guidelines for video recording out of court statements of sexual and physical abuse victims under 14 years of age. The Committee made an Interim Report in October, 1999 and a final report is expected within the next three months.

Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 2003.

These Regulations will apply to interviews with persons in Garda stations who have been detained under specific legislation and at which, inter alia, special audio-video equipment for the recording of interviews has been installed.

On an ongoing basis, the various rules committees forward draft rules to the Minister relating to practice and procedures in the courts in respect of which the Minister is required to consult relevant law officers. At present, draft rules covering 18 different issues are under consideration. Also, a number of courts fees orders are due to be made shortly. While the draft rules and the proposed fees orders are not "outstanding" secondary legislation as such, they are mentioned for the sake of completeness.
Question No. 438 answered with Question No. 431.
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