Dáil Éireann Debate, Wednesday - 18 January 2023
72. Deputy Thomas Pringle asked the Minister for the Environment, Climate and Communications if all sections of all Acts passed in the past ten years have been commenced; the number of sections that are outstanding; the number of Acts that have review periods; if the reviews have taken place; and if he will make a statement on the matter. [63380/22]
View answerDetails of sections of Acts yet to be commenced and those with review periods are currently being compiled by my Department and will be forwarded to the Deputy as soon as possible.
The following deferred reply was received under Standing Order 51.
In the response given to you it was indicated that my Department was compiling the information sought and it would be forwarded to you when available.
While you requested information for the past ten years, my Department has been reconfigured on several occasions over this period and compilation of this information would involve a disproportionate amount of time. I have, therefore, provided details since the last major reconfiguration of my Department in 2016. Annex 1 sets out details relating to commencements outstanding and Annex 2 sets out details relating to reviews since 2016.
Annex 1: Commencements Outstanding
|
Title of Act |
Purpose of Act |
Section(s) not yet commenced |
Reason for delay in commencement |
Proposed date of commencement |
|
Minerals Development Act 2017 |
The Minerals Development Act 2017 will make further and better provisions for the development of minerals in the State and repeal the Minerals Development Acts 1940 to 1999. |
Section 212 in relation to deemed cancellation of registration of excepted minerals took effect on the date of passage of the Act. All other sections have not yet commenced. (256 Sections). |
Priority is being given, in 2023, to developing a policy and regulatory framework for the geothermal sector.The Minerals Development Act 2017 will require the drafting of detailed Regulations to facilitate its commencement. Furthermore, primary legislation is required to update the Act to include Environmental Impact Assessment and Appropriate Assessment provisions. |
An assessment of the necessary detailed regulations and primary legislation required to commence the Act will be undertaken in 2023. |
|
Circular Economy and Miscellaneous Provisions Act 2022 |
The Circular Economy and Miscellaneous Provisions Act 2022 provides, inter alia, for: - a circular economy strategy; a Circular Economy Fund; a circular economy programme; a national food waste prevention roadmap and the power to introduce new environmental levies on single-use disposable items; - Amendments to the Waste Management and Litter Acts for waste and litter enforcement;- Amendments to the Minerals Development Acts to end the issuing of new licences for the exploration and mining of coal, lignite, and oil shale. |
Sections 5 - 40 |
A number of sections require a period of public consultation prior to commencement. It is intended to commence all sections of the Act as soon as possible. |
The majority of the Act will be commenced on a phased basis during 2023/24. |
|
Telecommunications Services (Ducting and Cables) Act 2018 |
The Telecommunications Services (Ducting and Cables) Act 2018 provides, inter alia, for: - the vesting in the Minister for the Environment, Climate and Communications of ownership of certain ducting and cables; - the vesting in the Minister of certain legal interests relating to ducting and cables for the purposes of the performance of any of his or her functions for telecommunications purposes; - compensation. |
All sections |
Enactment of the legislation was required to provide the requisite access rights across land through which the Galway Mayo telecommunications duct runs so that a Managed Service Entity can be appointed to operate, maintain and access the network. The procurement process for the appointment of this entity is under development. The sections of the Act are expected to be commenced on appointment of the Managed Service Entity. |
Contingent on appointment of Managed Service Entity |
Annex 2: Acts with review periods 2016 - 2023.
|
Legislation |
Reviews as per provision of that Act |
Amendments Made as a result of review |
Title of Amending Legislation |
|
The Communications Regulation (Postal Services) (Amendment) Act 2017 |
Section 1 of the Communications Regulation (Postal Services) (Amendment) Act 2017 repealed Section 30 of the Communications Regulation (Postal Services) Act 2011. Section 2 of the 2017 Act amended Section 10 of the Communications Regulation Act 2002 which provided for ComReg to undertake a review of any consequences of the repeal in Section 1 and report to the Minister. ComReg undertook this review and laid the report before the Oireachtas on 31 March 2020 https://opac.oireachtas.ie/AWData/Library3/Documents%20Laid/pdf/CCAEdoclaid310320_310320_122010.pdf |
Nil |
Not Applicable |
|
Circular Economy and Miscellaneous Provisions Act 2022 |
The Act provides for reviews to be carried out at different stages after enactment but no reviews have been carried out to date. |
Not Applicable |
Not Applicable |
