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Proposed Legislation.

Dáil Éireann Debate, Wednesday - 27 September 2006

Wednesday, 27 September 2006

Questions (1024, 1025)

Róisín Shortall

Question:

1090 Ms Shortall asked the Minister for Transport the Acts or sections or other provisions of Acts coming wholly or partly under the auspices of his Department, or for the commencement of which his Department is wholly or partly responsible, which are not in force and which require the future making of a commencement order; if, in each case, it is intended to make such an order and if so, when; the reason for the failure to make such orders to date; and if he will make a statement on the matter. [28831/06]

View answer

Written answers

The information requested by the Deputy is set out below in year order.

Road Traffic Act 1961

A decision regarding the commencement of section 93 relating to protection of bridges from excessive burdens, as amended by section 61 of the Road Traffic Act 1968, will be taken when the review of the Traffic Signs Manual (1996) is completed.

Road Transport Act 1999

Section 23 of the Road Transport Act 1999 provides for the repeal of a number of sections in previous Road Transport Acts. A number of those repeals were brought into effect in 2005, while others remain outstanding as they can only be made in conjunction with other new legislation currently under consideration.

Adventure Activities Standards Authority Act 2001

The commencement of this Act is being reviewed to ensure that there is no duplication of responsibilities and that the most effective and efficient structures are put in place.

Road Traffic Act 2002

Sections 11 and 12 relate to the operation and enforcement of the fixed charge system and, in the case of section 11, to the operation and enforcement of the penalty points system. These provisions, except insofar as those already commenced up to 1 September 2006, will be progressively commenced as the operation and enforcement of the fixed charge system and or, penalty points system, is extended to the specified offences. Section 13 is a broad enabling provision. There are no proposals to commence this section at this time.

It is proposed that consideration will be given later in 2006 to the transfer of functions required under section 16 to local authorities.

Taxi Regulation Act 2003

Commencement of section 35 and subsections (1), (1A), (2), (5) and (6) of section 36 require further consultation with the Commission for Taxi Regulation, An Garda Síochána and the Courts Service to ensure that the appropriate arrangements for implementation are in place. Section 44 (5) will not be commenced pending the full commencement of section 36.

Aer Lingus Act 2004

It is not intended to commence section 9, relating to superannuation schemes.

Road Traffic Act 2004

Part 5 of the Act is intended to deal with the possibility that the current unlimited personal liability for third party motor insurance cover could prove to be unsustainable in the market. This situation has not arisen and therefore Part 5 has not been commenced.

The Sea Pollution (Hazardous Substances) (Compensation) Act 2005

It is intended that the commencement date for the Act should, if possible, coincide with international entry into force of the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, which date is not yet known.

Section 28 of the Act amends the Merchant Shipping (Liability of Shipowners and Others) Act 1996 to give effect to the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976. Consideration is being given to commence this provision separately in advance of the remaining sections of the Act.

Rail Safety Act 2005

A Commencement Order in respect of Part 8 has yet to be made. Part 8 of the Act provides for the establishment of Railway Safety Advisory Council to advise both the Minister for Transport and the Railway Safety Commission on issues relating to railway safety. It is planned to commence this part before the end of the year.

The Road Traffic Act 2006

Sections 5, 6, 7, 10, 11, 13, 16 and 18 will be progressively commenced in the future.

Róisín Shortall

Question:

1091 Ms Shortall asked the Minister for Transport the statutory instruments signed by him to date in 2006. [28832/06]

View answer

The information requested by the Deputy is set out as follows.

S.I. No.

Description

9

Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order 2006

10

Córas Iompair Éireann Superannuation Scheme 1951 (Amendment)Scheme (Confirmation) Order 2006

58

European Communities (Motor Vehicle Type Approval) (Amendment) Regulations 2006

87

European Communities (Merchant Shipping) (Ro-Ro Passenger Ship Survivability) (Amendment) Rules 2006

88

European Communities (Road Transport) Regulations 2006

89

European Communities (Road Transport)(Recording Equipment) Regulations 2006

134

Road Traffic Act 2002 (Commencement of Certain Provisions) Order 2006

135

Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006

136

Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006

138

Merchant Shipping (Light Dues) Order 2006

164

European Communities (Mechanically Propelled Vehicle Entry into Service)(Amendment) Regulations 2006

165

European Communities (Passenger Car Entry into Service)(Amendment) Regulations 2006

166

European Communities (Motor Vehicles Type Approval)(Amendment)(No. 2) Regulations 2006

187

Roads Act 1993 (Classification of National Roads) Order 2006

188

Roads Act 1993 (Classification of Regional Roads) Order 2006

193

Harbours Act, 1996 (Extension of the pilotage district of the port of Waterford Company) Order 2006

212

European Communities (Interoperability of the Trans-European Conventional and High-Speed Rail Systems) Regulations 2006.

213

European Communities (Minimum Safety Requirements for Tunnels in the Trans-European Road Network) Regulations, 2006

215

Railway Safety Act 2005 (Section 5 and Parts 4, 9 and 10) (Commencement) Order 2006

239

Sea Pollution (Prevention of Pollution by Garbage from Ships) (Amendments) Regulations, 2006

240

European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006

265

Taxi Regulation Act 2003 (Section 36 (2A) to (4)) (Commencement) Order 2006

269

Sea Pollution (Prevention of Pollution by Sewage from Ships) Regulations, 2006

316

Harbours Act 1996 (Transfer of Sligo Harbour to Sligo County Council) Order 2006

339

European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles)(Amendment) Regulations 2006

340

Road Traffic (Requirement to have Audible Warning Devices on Vehicles) Regulations 2006

342

Road Traffic (Lighting of Vehicles) (Blue and Amber Lamps) Regulations 2006

347

Railway Safety Act 2005 (Section 130) (Commencement) Order 2006

348

Aer Lingus Act 2004 (Commencement of Section 3) Order 2006

384

Road Traffic Act 2006 (Commencement) Order 2006

385

Road Traffic Act 2006 (Mobile Phones – Prescribed Numbers) Regulations 2006

441

Railway (Dublin Light Rail Line B1 – Sandyford Industrial Estate to Cherrywood) Order 2006.

443

Road Traffic Act 2002 (Commencement of Certain Provisions relating to Driving while Holding Mobile Phone) Order 2006

444

Road Traffic Acts 1961 to 2006 (Fixed Charge Offence) (Holding Mobile Phone while Driving) Regulation 2006

446

Harbours Act 1996 (Sections 86 and 87) (Commencement Order) 2006.

455

Aer Lingus Act 2004 (Commencement of Section 6) Order 2006

456

Aer Lingus Act 2004 (Section 6 (4)) Order 2006

457

Road Traffic Act 2006 (Part Commencement Section 16 (2) ( c )) Order 2006

462

Road Safety Authority Act 2006 (Establishment Day) Order 2006

463

Road Safety Authority Act 2006 (Section18)(Appointed Day) Order 2006

474

Aer Lingus Act 2004 (Commencement of Certain Provisions) Order 2006

475

Aer Lingus Act 2004 (Commencement of Certain Provisions) (No.2) Order 2006

476

Aer Lingus Act 2004 (Commencement of Section 6(2)) Order 2006

477

Road Safety Authority Act 2006 (Conferral of Functions) Order 2006

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