Tuesday, 10 June 2014

Questions (427)

Seán Fleming


427. Deputy Sean Fleming asked the Minister for Justice and Equality the legislative provisions in respect of her Department that have been passed by the Oireachtas since 2011 but have not come into effect to date; and if she will make a statement on the matter. [24154/14]

View answer

Written answers (Question to Justice)

The information requested by the Deputy is contained in the table.

Provisions not yet enacted

Commencement Order

Date for Commencement Order

Property Service (Regulation) Act 2011

Part 10 (Maintenance of Professional Competence of Licensees)

Yet to be commenced.

Intended to commence Part 10 during 2014. This will require the putting in place of a range of courses for licensed Property Service Providers.

Courts and Civil Law (Miscellaneous Provisions) Act 2013

Section 2(2) and 2(3)

Yet to be commenced.

Commencement expected shortly.

Fines (Payment and Recovery) Act 2014

Act will be commenced in stages.

It is expected that an order to commence the first stage, which will provide for the payment of fines by instalments, will be made at the end of 2014.

Criminal Justice Act 2011

Partially commenced.

Section 5 of Part 1 and section 7 (c) and sections 9 to 14 of Part 2 have yet to be commenced.

It is expected that the remaining sections will be commenced shortly.

National Vetting Bureau (Children and Vulnerable Persons) Act 2012

Yet to be commenced.

As I have previously indicated, elements of the Act concerning the disclosure of convictions are under review at present having regard to a recent judgment of the UK Court of Appeal in (On the Application of) T and others - v - Chief Constable of Greater Manchester [2013]. Any modifications necessary to the Act will be addressed in advance of commencement by way of amendments to the Criminal Justice (Spent Convictions) Bill 2012 to which this Act is closely linked. That Bill is awaiting Report Stage in the Dáil and it is expected that the Act will be commenced this year.

Criminal Justice Act 2013

Section 5 of Part 2 has yet to be commenced.

Commencement of section 5 is not imminent. Progress on the negotiation of the proposed 4th EU Directive on Money Laundering will have a bearing on the issue.