Dáil Éireann Debate, Wednesday - 16 July 2014
106. Deputy Seán Ó Fearghaíl asked the Minister for Jobs, Enterprise and Innovation if he will provide in tabular form those Acts currently in force for which he has lead responsibility that have parts or sections yet to be formally commenced; the details or purpose of same; and if he will make a statement on the matter. [32006/14]
Amharc ar fhreagraActs currently in force, for which I have lead responsibility which have parts or sections yet to be formally commenced, are as follows:-
|
Title of Act |
Section yet to be formally commenced |
Details or Purpose of Section |
|
Consumer Protection Act 2007 |
It is not intended that Sections 48 and 49 of the Consumer Protection Act 2007 will be commenced as the Attorney General has advised that the provisions are incompatible with the maximum harmonisation nature of the Directive on Unfair Commercial Practices which was transposed into Irish law by the Consumer Protection Act 2007 |
Section 48 prohibits traders, who accept payment for goods and services by different relevant methods (currently defined as cash, credit card, direct debit), from imposing additional charges by reason of customers choosing to pay for goods or services by one relevant method over another. Section 49 provides that where traders do impose additional charges by reason of the method of payment (i.e. the trader only accepts one relevant method of payment or the trader imposes the same charge in respect of all relevant methods of payment, thus falling outside the scope of Section 48) that these charges must be included in any representation of the price of the said goods or services. |
|
Companies (Miscellaneous Provisions) Act 2013 |
Sections 7 and 8 |
Section 7 - Provide for a levy on statutory auditors and audit firms of Public Interest Entities (PIEs) in order to defray the costs to Irish Auditing and Accounting Supervisory Authority (IAASA) for carrying out the functions of external quality assurance in respect of these Public Interest Entities. Section 8 - Application of investigation and penalty systems by the Irish Auditing and Accounting Supervisory Authority (IAASA) to certain third country auditors and audit entities which carry out the audit of companies incorporated in specific third countries and territories whose transferable securities are admitted to trading in the State. |
|
Company Law Enforcement Act 2001 |
Section 109 |
Section 109 enables the Director of Corporate Enforcement to levy fines for company law breaches subject to summary prosecution. It is proposed that the Company Law Enforcement Act 2001 will be repealed by the Companies Bill 2012. Following enactment of this Bill, consideration will be given as to the timing of the commencement of the provisions in the Act. |
|
Investment Funds, Company and Miscellaneous Provisions Act 2005 |
Section 31 Section 62 Section 72 |
Section 31 has been partially commenced. The Section has not been commenced as regards the repeal of existing market abuse laws as they relate to unregulated markets. Regulation No 596/2014 on market abuse (Market Abuse Regulation) and Directive 2014/57/EU on criminal sanctions for market abuse (Market Abuse Directive) agreed in June this year will extend the previous Market Abuse Directive to new markets. Section 62 allows Directors acting for more than one company to send a single notification to the Companies Registration Office regarding a change in his or her name or address. To implement the provision will require software development, in addition to Orders specifying forms to be used and fees to be applied, before it can be commenced. Section 72 has been partially commenced by the Investment Funds, Companies and Miscellaneous Provisions Act 2005 (Section 72) (Commencement) Order 2012 (S.I. 449/12). |
|
Companies (Auditing and Accounting) Act 2003 |
Sections 9(2)(l), 15(2), 26, 29(5), 34, 41, 42, 43, 44, 45 and 59 |
Sections 9(2)(l), 15(2), 26 and 29(5) all relate to the function under section 26 of the Act, to be given to the Irish Auditing and Accounting Supervisory Authority (IAASA), to review whether the accounts of relevant undertakings complied with the Companies Acts. Subsequent to the enactment of the Act, IAASA was given a similar function under S.I. 277 of 2007 - Transparency (Directive 2004/109/EC) Regulations 2007 with respect to the review of the accounts of companies to which that Directive relates. Section 34 amends the interpretation section of Part X of the Companies Act 1990. Section 41 relates to the applicability of accounting standards. Section 42 is the requirement for an audit committee for relevant companies. This was overtaken by the audit committee requirement in Directive 2006/43/EC. Section 43 requires disclosure of accounting policies – the application of accounting standards addresses this requirement. Section 44 relates to disclosure of remuneration in relation to audit and audit related and non-audit work. This requirement is captured in Article 49 of Directive 2006/43/EC. Section 45 relates to obligations on relevant companies to produce a Directors’ Compliance Statement. A provision to address this obligation is included in the Companies Bill 2012. Section 59 revokes the Companies Act 1990 (Auditors) Regulations 1992 (S.I. No. 259 of 1992). Transposed by (S.I. 220 of 2010) European Communities (Statutory Audits) (Directive 2006/43/EC) Regulations 2010. Provisions with equivalent or broadly equivalent effect, to the uncommenced provisions set out ante are included in the Companies Bill 2012 |
|
Industrial Development (Forfás Dissolution) Act 2014 |
The following sections come into operation on 16thJuly 2014: Parts 1, 3, 4, 5 and 6, Sections 31 and 40, the Schedule. All other Parts and sections come into operation on 31stJuly |
The Act makes provision for the dissolution of Forfás and the transfer of certain functions and staff to the Minister for Jobs, Enterprise and Innovation, Enterprise Ireland, the IDA, the Health and Safety Authority, Science Foundation Ireland and NSAI as appropriate; and to provide for the consequential amendment of certain other enactments and to provide for matters connected therewith. All Sections will be commenced by the end of July and Forfás will be dissolved with effect from 1st August 2014. |
|
Industrial Development (Enterprise Ireland) Act, 1998 |
Sections 18, 19 and 20 |
Under the Industrial Development Act 1993, Forfás is the overall employer of both its own staff and those of Enterprise Ireland, IDA Ireland and Science Foundation Ireland. The Industrial Development (Enterprise Ireland) Act, 1998, made provision for Enterprise Ireland (Sections 18, 19 and 20) to assume the role of employer, subject to Ministerial Order. These sections will be repealed once Part 2 of the Industrial Development (Forfás Dissolution) Act 2014 commences by the end of July 2014. Part 2 of this Act provides for Enterprise Ireland to become an employer in its own right. |
|
The Industrial Development (Science Foundation Ireland) Act 2003 |
Sections, 19, 20 and 21 |
Under the Industrial Development Act 1993, Forfás is the overall employer of both its own staff and those of Enterprise Ireland, IDA Ireland and Science Foundation Ireland. Section 19 of the Industrial Development (Science Foundation Ireland) Act 2003, concerns the powers of Science Foundation Ireland (SFI) )to employ its own staff; Section 20 concerns arrangements for when staff of Forfás are seconded to SFI; and Section 21 concerns arrangements for superannuation being administered by SFI for its employees. |
|
Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) |
Section 4(2) in as much as it refers to the repeal of existing enactments as per Schedule 2, Part 1 Mines and Quarries Act 1965 (in as much as it relates to Mines). Dangerous Substances Acts 1972 and 1979. Safety in Industry Acts 1955 and 1980, (of 1955 Act, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 20, 21, 22, 23, 26, 29, 31, 32, 36, 39, 50, 51, 53, 58, 59, 62, 63, 67, 76, 79, 80, 82, 86, 87, 88, 89, 96, 97, 99, 100, 102, 103, 104, 106, 108, 109, 18, 123, 126 & First, Second and Third Schedules ) (of 1980 Act sections 1, 2, 3, 4, 7, 17, 18, 20, 24, 25, 30, 40, 42, 43, 47, 48, 51, 52, 54, 56 & Schedule). Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. |
The repeal of Existing Enactments as per Schedule 2, Part 1 Boiler Explosions Act 1882. Boiler Explosions Act 1890. Mines and Quarries Act 1965. Dangerous Substances Acts 1972 and 1979. Safety in Industry Acts 1955 and 1980. Safety, Health and Welfare (Offshore Installations) Acts 1987 and 1995. Safety, Health and Welfare at Work Act 1989. |
|
Dangerous Substances Act, 1972 |
The provisions relating to explosives: Part II of that Act. Section 7 (1) and the Schedule to that Act in so far as they refer to the Towns Improvement (Ireland) Act 1854, the Explosives Act 1875, the Customs and Inland Revenue Act 1883, the Local Government (Ireland) Act 1898 and the Revenue Act 1909. Section 7 (2) of that Act. any other provision of the Dangerous Substances Act 1972, to the extent that the provision is applicable to or for the purposes of explosives within the meaning of section 9 (1) of that Act. |
Part II Explosives Section 7(1) The repeal of each of the Acts referred to in the Schedule to the extent indicated. Towns Improvement (Ireland) Act, 1854 (Section 56 and, in the nineteenth paragraph of section 72, the “or throws or sets fire to any firework,”.). Petroleum Act, 1871 (The whole Act). Explosives Act, 1875 (The whole Act, except sections 73, 74, 75, 89 and 96 in so far as those sections are applied by section 8 (1) of the Explosive Substances Act, 1883, for the purposes of the latter Act.). Petroleum Act, 1879 (The whole Act). Petroleum (Hawkers) Act, 1881 (The Whole Act). Customs and Inland Revenue Act, 1883 (Section 3). Local Government (Ireland) Act, 1898 (Section 6 (c)). Revenue Act, 1909 (Section 11). Road Traffic Act, 1961 (Section 122). Section 7(2) The repeal of the application, by section 8(1) of the Explosive Substances Act, 1883, of sections 73, 74, 75, 89 and 96 of the Explosives Act, 1875, shall not be affected by any repeal effected by this Act and, accordingly, the said section 8 (1) shall be construed as if the Explosives Act, 1875, were still in force. |
Sections 19, 20 and 21 of the Industrial Development (Science Foundation Ireland) Act 2003 will be repealed with the enactment and commencement of the Industrial Development (Forfás Dissolution) Act 2014 (No. 13 of 2014). Part 3 and 4 of this Act provides for
a) IDA Ireland and SFI respectively to become employers of staff,
b) the transfer of all existing Forfás staff, currently on secondment in these agencies, to their respective agency; and
c) the establishment by these agencies of superannuation schemes for their staff.
These provisions will become effective from 16 July 2014.
My Department is currently working, along with the Health and Safety Authority, on Regulations under the Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) to bring the enforcement regimes for mining, offshore installations and the sectors affected by the remaining elements of the Safety in Industry Acts into alignment with the framework of the 2005 Act. These will be enacted in due course and accompanied by the appropriate commencement order to commence the relevant part of section 4(2) of the Safety, Health and Welfare at Work Act 2005.
A review of the overall Dangerous Substances legislative regime under the Dangerous Substances Act 1972 is underway and the completion of that aspect of the repeals envisaged in section 4(2) of the Safety, Health and Welfare at Work Act 2005 will be considered in that context.
