Vol. 396 No. 2
117 Proinsias De Rossa asked the Minister for Justice, in respect of legislation passed under the aegis of his Department, which required (a) a ministerial order or (b) an order of the Oireachtas to implement (1) the entire Act or (2) any section of the Act, he will list any Act or section of an Act which has not yet been implemented; and the reason for any such non-implementation.
The information requested is set out in the following tabular statement.
|
Act |
Provision not yet brought into force |
Reason |
|
Solicitors Act, 1954 |
Section 44, which would enable qualified solicitors in Northern Ireland to practice in the Republic, subject to passing an examination in the legislation in force in the state, and in the Irish language(for applicants born after 1904). |
A Government order is required before this porvision can come into force, and, before making an order, the government must be satisfied that reciprocal provisions will be in operation as between both jurisdictions, Reciprocal provisions have not been introduced, to date, by the respective professional bodies in both jurisdictions. |
|
Civil Liability Act, 1961 |
Section 60 which deals with the liability of a road authority for failure to maintain a public road. The section is to come into operation on a date to be fixed by order of the Government. |
This is primarily a matter for the Department of the Environment. |
|
Prisons Act, 1970 |
Section 6 which amends the Criminal Justice Act, 1960 and the Prevention of Crime Act, 1908. The main purpose of the section was to help alleviate accommodation problems which had existed in St. Patrick's Institution throughout the 1960s. |
The operation of the section is not considered necessary at present. |
|
Courts (No. 2) Act, 1986 |
Sections 1, 3 (2) and 9 (in so far as they amend the Enforcement of Court Orders Act, 1926). |
New rules of court are under consideration by the District Court Rules Committee. These are needed before a commencement order is made in relation to these sections of the Act. |
|
Extradition (Amendment) Act, 1987 |
Section 3 which provides for the application of the rule of specialty and re-extradition for the purposes of Part III of the Principal Act by order. |
The question of the implementation of section 3 continues to be discussed with the British authorities. In the meantime, administrative arrangements which are already in place, to ensure the specialty principle in our extradition arrangements with Britain and the North, will continue to apply. |
|
Data Protection Act, 1988 |
Section 6 (2) (b) and 10 (7) (b) which require persons who have to correct or erase inaccurate personal data pursuant to the Act to notify the correction or erasure to anyone to whom the data were disclosed within the previous twelve months. |
The order will be made when the persons affected by the legislation have had sufficient time to adapt their systems to the requirements imposed by those provisions. |
|
Intoxicating Liquor Act, 1988 |
Section 47 in relation to the sale of intoxicating liquor in supermarkets etc. |
The question of the making of such an order is still under consideration. |
|
Jurisdiction of Courts (Maritime Conventions) Act, 1989 |
Whole Act. |
Ireland formally acceded to the two conventions, the subject matter of the Act, on 17 October 1989. Under the provisions of the conventions, they will come into force for Ireland six months after that date. The necessary commencement order to bring the Act into operation on the relevant date (17 April 1990) was made on 11 December 1989. |
|
The Video Recordings Act, 1989 |
The whole Act except sections 29 and 30. |
The regulations necessary to give effect to the various sections of the Act have yet to be drafted and the necessary practical measures introduced in the Film Censor's Office. |
118 Proinsias De Rossa asked the Minister for Communications, in respect of legislation passed under the aegis of his Department, which required (a) a ministerial order or (b) an order of the Oireachtas to implement (1) the entire Act or (2) any section of the Act, he will list any Act or section of an Act which has not yet been implemented; and the reason for any such non-implementation.
The answer is nil.
