Dáil Éireann Debate, Tuesday - 6 December 2022
53. Deputy Thomas Pringle asked the Minister for Justice if all sections of all Acts passed in the past ten years have been commenced; the number of sections that are outstanding and the number of acts that have review periods; if the reviews have taken place; and if she will make a statement on the matter. [60612/22]
View answerI wish to advise the Deputy that not all sections of all Acts passed in the timeframe outlined have been commenced. Detailed information is outlined in the table as follows:
|
Relevant Act |
Outstanding Sections |
|
National Vetting Bureau (Children and Vulnerable Persons) Act 2012 |
Section 20 (on re-vetting) not yet commenced |
|
Criminal Justice Act 2013 |
Section 5 not yet commenced |
|
Legal Services Regulation Act 2015 |
Sections 46, 47, 103 and 201 of the Act are partially commenced. Sections 100 to 102, 104 to 117, 121, 178 to 180, 196, 199, 217 and 219 to 221 are not yet commenced. |
|
International Protection Act 2015 |
Paragraphs (b), (f), (i), (l), (m), and (p) of section 6(2) of the International Protection Act 2015 have not yet been commenced. |
|
The Civil Debt (Procedures) Act 2015 |
Whole Act not commenced |
|
Criminal Law (Sexual Offences) Act 2017 |
Section 52 not commenced |
|
Criminal Justice Act 2017 |
Sections 2, 4, 7, 11 and 12 not yet commenced |
|
Criminal Justice (Victims of Crime) Act 2017 |
S. 30(d) and Section 30(b)(ii) not yet commenced for a small number of courts districts. |
|
Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2018 |
S. 32 not yet commenced |
|
Data Protection Act 2018 |
Section 30 not yet commenced |
|
Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 |
Part 13 (sections 91 to 94) (Extradition provisions) not yet commenced |
|
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 |
Section 32 not yet commenced |
|
Counterfeiting Act 2021 |
Section 29 not yet commenced |
|
Personal Insolvency (Amendment) Act 2021 |
Sections 4, 8, 9, 11, 12, 15, 16 not yet commenced |
|
Private Security Services (Amendment) Act 2021 |
The insertion of the definitions of “court messenger” and “enforcement guard” in section 2 (1) (a) have not commenced. |
|
Garda Síochána (Functions and Operational Areas) Act 2022 |
Not yet commenced |
|
Communications (Retention of Data) (Amendment) Act 2022 |
Not yet commenced |
|
Garda Síochána (Compensation) Act 2022 |
Not yet commenced |
Further to the Deputy’s question about Acts with review periods, details of the relevant Acts are as follows:
- Section 141 of the Personal Insolvency Act 2012 required a review of the operations of Chapter 3 of the Act within three years. This review is expected to be completed soon. Significant amendments were made to the Act in 2013, 2015 and 2021.
- Section 61 of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 provides for a review of the operation of the amendments of the Principal Act made by that Act insofar as those amendments relate to the Authority, not later than 5 years after the establishment day of the Authority. This review has been completed and is published on the website of the Policing Authority.
- Section 27 of the Criminal Law (Sexual Offences) Act 2017 provides for review of the operation of Part 4 of the Act to be carried out within three years of commencement. This review is currently underway.
- Section 31 of the Data Protection Act 2018 fulfils the requirement of Article 8 of GDPR to establish a digital age of consent. Section 31(1) of the legislation set the age at 16, Section 31(3) of the Act states that the Minister shall commence a review of the operation of subsection (1). This review is currently underway.
- Section 12 of the Harassment, Harmful Communications and Related Offences Act 2020 provides for a review of the operation of the Act to be carried out within three years of enactment.
It is important to note that it has not been possible in the time available to review all Acts for statutory reviews that are not currently in progress or due. I will revert to the Deputy if further review clauses are identified.
