I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information will be forwarded to the Deputy as soon as it is to hand.
I refer to Parliamentary Question No. 78 for answer on 2 February 2017, in which you requested details of Acts or sections or other provisions of Acts, coming wholly or partly under the auspices of my Department which are not in force and which require the future making of a commencement order.
As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again. The information requested by you is set out in the following table.
You may be interested in the "Legislation Directory Entry" facility on www.irishstatutebook.ie which provides, inter alia, information concerning commencement details of sections of individual Acts.
I hope this information is of assistance.
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#
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Act (or part thereof)
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Not Fully Commenced
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Detail of Sections not commenced
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When is it planned to commence or is there a plan to repeal.
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1
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Assisted Decision-Making (Capacity) Act 2015
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Some Sections commenced 17/10/16
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A Steering Group on the Implementation of the Decision Support Service has been put in place to oversee the establishment and commissioning of the Decision Support Service within the Mental Health Commission. The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.
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Phased commencement began on 17/10/16.
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2
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Charities Act 2009
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S89, S92-98 not commenced
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S92 – dissolution of charitable organisations
S93-98 – provision for non-cash collections and related matters
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These Sections are kept under review in consultation with the Charities Regulatory Authority and will be commenced when appropriate.
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3
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Children Act 1997
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Section 11 of the Children Act 1997 has not been commenced in so far as it inserts Sections 26 and 28 into the Guardianship of Infants Act 1964.
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Section 26 of the Guardianship of Infants Act 1964 provides for reports under Section 47 of the Family Law Act 1995 in District Court proceedings under that Act. Section 28 provides for appointment of guardians ad litem in family law proceedings, and legal representation for such guardians ad litem.
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The question of commencement of Section 11 of the Children Act 1997, in so far as it inserts Sections 26 and 28 into the Guardianship of Infants Act 1964 will be considered further in the context of the Family Court Bill which is under preparation in my Department.
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4
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Children and Family Relationships Act 2015
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The provisions of the Act not yet commenced are Parts 2 and 3, Part 11, and other provisions of the Act which are related to Parts 2 and 3 and cannot be commenced until those Parts are commenced.
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Commencement of Parts 2 and 3 relating to donor-assisted human reproduction is a matter for the Minister for Health
Commencement of Part 11 relating to adoption is a matter for the Minister for Children and Youth Affairs.
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The Adoption (Amendment) Bill 2016, for which the Minister for Children and Youth Affairs is responsible, will provide for the repeal of Part 11 of the 2015 Act.
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5
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Civil Debt (Procedures) Act 2015
(
No. 28/2015)
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Whole Act
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Commencement requires systems to be put in place.
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The Act will be commenced in its entirety once those systems and procedures are in place.
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6
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Civil Liability and Courts Act 2004
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S30 (personal injury register),
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Section 30 of the Civil Liability and Courts Act 2004 provides that the Courts Service shall set up and maintain a register of personal injuries actions. The Courts Service has advised that to establish and maintain such a register for all court jurisdictions, accessible by members of the public, requires the development of an appropriate IT support system and I am informed that there is no such IT support system in place at present.
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The Courts Service has been requested to examine the requirements, including system development and resource issues, needed to enable the commencement of Section 30 of the Civil Liability and Courts 2004 Act. I understand that the Courts Service is actively looking at what is required to set up a register of personal injuries actions across court jurisdictions and the timeframe involved, with a view to putting the register in place as quickly as possible.
In addition, the Report on the Cost of Motor Insurance published by the Costs of Insurance Working Group in January 2017 has recommended that a further review of Section 30 be undertaken in 2017 by the Department of Justice and Equality in conjunction with the Courts Service. This review should determine whether Section 30 requires amending. The results of that review are to be submitted to the Cost of Insurance Working Group for consideration.
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7
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Court of Appeal Act 2014
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Section 73 insofar as it relates to certain enactments specified in Schedule 1 to the Act
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The Schedule in question provides for the repeal of certain enactments. The repeals yet to be commenced concern the Court of Criminal Appeal and cannot be commenced until such time as all cases before that Court have been brought to a conclusion
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The Commencement S.I. will be made once there is no longer a need to maintain the Court of Criminal Appeal.
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8
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Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
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The Act has been fully commenced with the exception of Section 67(2)(e) Section 72(2)(f) (insofar as this paragraph relates to Chapter 2 of Part 12) and Sections 110-121.
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The provisions are not yet commenced pending logistical arrangements.
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These provisions were deferred until required logistical arrangements have been put in place.
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9
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Criminal Justice (Misc Provisions) 2009
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Sections 36 and 38
Section 40 (which inserts Sections 9C to 9I into the Firearms and Offensive Weapons Act 1990)
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Sections 36 and 38 were intended to address distance selling of firearms as required under the Firearms Directive 20008/51/EC. However the Directive has since been transposed by S.I. 493 of 2010 without the need to commence Sections 36 and 38.
Section 9C provides that the Minister shall keep a register of dealers in realistic imitation firearms. Such dealers shall pay a fee, provide a tax clearance certificate and their premises must meet a certain standard of security as decided by the Minister
Section 9D provides for an offence for any person to import, manufacture, sell, repair, test, expose for sale, or have in his possession for sale, repair or test by way of trade or business, any RIF unless that person is registered in the register of dealers in realistic imitation firearms. Further it is an offence for a person to sell a realistic imitation firearm to a person under the age of 16 years.
Section 9E provides that the Minister may remove a person from the register of dealers if certain conditions as specified in the Section are no longer met.
Section 9F gives An Garda Síochána powers of inspection for the premises of registered dealers in realistic imitation firearms.
Section 9G provides that the Minister may by Order restrict trading in realistic imitation firearms.
Section 9H gives the Minister the power to require that realistic imitation firearms conform to certain specifications as set out in an Order.
Section 9I provides that a person in the register of realistic imitation firearms must have a tax clearance certificate.
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Sections 36 and 38 - These Sections are to be repealed when a suitable legislative vehicle has been identified.
Section 40 - Consultations necessary on a range of options.
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10
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Criminal Justice 2006
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S102 (electronic monitoring), S107, S111a, S112a,
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Part 10 of the 2006 Act has provisions at Sections 101(10), 102, 107, 108(4), 109, 111 and 112 all relating to the use of electronic monitoring.
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There are no immediate plans to commence these Sections. The new Bail Bill will update the legislative basis for the electronic monitoring of persons on bail.
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11
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Criminal Justice 2007
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S11-13, S41,
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These Sections relate to the use of electronic monitoring where a person has been granted Bail by the Courts.
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The new Bail Bill will update the legislative basis for the electronic monitoring of persons on bail.
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12
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Criminal Justice Act 2011
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·Section 5 of Part 1,
·Section 7 (c) and
·Sections 9 to 14 of Part 2
have not been commenced.
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Regulations required to facilitate commencement of Section 7 are currently being finalised
Commencement of Sections 5, 10 and 11 is consequential on commencement of Section 7(c).
Regulations required to facilitate commencement of Section 9(a) are currently being finalised
Commencement of Sections 9(c), 9(d), and 9(e) is consequential on commencement of Section 9(a).
Sections 9(b), 13 and 14 will not be commenced as the amendments concerned will now be made in a Criminal Procedure Bill currently being drafted.
Section 12 will also not be commenced as the Act which this Section proposes to amend has been repealed by Section 6 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.
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Regulations required to facilitate commencement of Section 7, 9 are currently being finalised.
Aim is to complete the regulations in 2017.
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13
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Criminal Justice Act 2013
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Section 5 of Part 2 has yet to be commenced.
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Commencement of Section 5 is not imminent. The recently published 4th EU Directive on Money Laundering will have a bearing on the issue.
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This Section is likely to be amended by the forthcoming Criminal Justice (Money Laundering and Terrorist Financing) Bill.
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14
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Criminal Justice Mutual Assistance (amendment act) 2015
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The whole Act commenced on 1 February 2016 other than Section 24
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S. 24 deals with mutual recognition of fines and requires some changes of procedures by the Courts Service before it can be commenced later this year.
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It is hoped to commence the outstanding provisions in late 2017.
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15
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Disability Act 2005
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The Act has been commenced in respect of children up to 5 years of age only (as from 1 June 2007).
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Whilst the Act is the responsibility of the Department of Justice and Equality, commencement in respect of this part falls to the Department of Health.
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Requires commencement by the Minister for Health.
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16
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Intoxicating Liquor Act 2000
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Section 15
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Section 15 provides for the display of a notice on licensed premises and in registered clubs in relation to offences related to the sale, supply, purchase and consumption of intoxicating liquor by underage persons and the presence of underage persons on licensed premises.
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This Section is being reviewed in the context of the Sale of Alcohol Bill
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17
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Intoxicating Liquor Act 2008
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Section 9
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This Section is being repealed and replaced in the Public Health (Alcohol) Bill 2015 (currently before the Oireachtas).
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This Section is being repealed and replaced in the Public Health (Alcohol) Bill 2015.
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18
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Legal Services Regulation Act 2015
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Parts 1 and 2 (with exceptions) commenced 19/07/2016.
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In progress.
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Phased with Parts 1 and 2 commenced and Authority established on 1 October 2016.
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19
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National Vetting Bureau (Children and Vulnerable Persons) Act 2012
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The whole Act, other than Section 20, was commenced on 29th April 2016
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Section 20 relates to the process of re-vetting.
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There are no plans to commence this Section until all retrospective vetting under Section 21 has been completed.
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20
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Prisons Act 2015
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S. 3 and S5-22, which relate to the closure of Saint Patrick's Institution, have not yet been commenced.
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Awaiting orders by the Department of Justice and Equality and the Department of Children and Youth Affairs. It was intended that these provisions would commence on 1 October 2016 when Oberstown Children Detention Campus was expected to be ready to accommodate juvenile offenders from Saint Patrick's Institution and facilitate its closure but this timescale has been impacted by recent events at Oberstown.
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Relevant Commencement Orders to be made by the Department of Justice and Equality and the Department of Children and Youth Affairs.
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21
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Property Services (Regulation) Act 2011
(No. 40/2001)
Which relates to the Maintenance of Professional Competence of Licensees
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Part 10 S79-81
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This is kept under review in consultation with the Property Services Regulatory Authority.
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The PSRA is developing a scheme for the introduction of a Continuous Professional Development (CPD) programme for property service providers. The scheme will require an SI to be developed. It is intended to commence in 2017.
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22
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Valuation (Amendment) Act 2015
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Section 14
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With the exception of Section 14, all other Sections and provisions of the Valuation (Amendment) Act 2015 were commenced on 8th June 2015 (SI No. 229/2015).
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Section 14 will be commenced at a future date that has yet to be determined. The non-commencement of this Section is due to the need for preparatory work to be carried out by the Valuation Office on new procedures which are to be supported by information and communications technology.
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