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Commencement of Legislation

Dáil Éireann Debate, Tuesday - 12 June 2018

Tuesday, 12 June 2018

Ceisteanna (1251)

Mattie McGrath

Ceist:

1251. Deputy Mattie McGrath asked the Minister for Employment Affairs and Social Protection the sections and parts of all legislation brought forward by her Department in each of the past four years that have yet to be commenced; and if she will make a statement on the matter. [25177/18]

Amharc ar fhreagra

Freagraí scríofa

My Department is responsible for the legislation underpinning the social welfare code, occupational and private pensions, civil registration and gender recognition, redundancy and employer’s insolvency, employment rights and the Citizens Information Board / Comhairle.

Two provisions from 2014 which amended the Social Welfare Consolidation Act 2005 have yet to be commenced. In addition, several provisions of the Civil Registration (Amendment) Act 2014 have yet to be commenced.

Details of these provisions are set out in the following tables.

There are no provisions from 2015 to 2018 that are not yet commenced. Also there are no provisions from any other legislation for which my Department is responsible that are not yet commenced.

Social Welfare & Pensions Acts

Uncommenced Provision

Description

Status

Social Welfare and Pensions Act 2014

- Section 9

- Section 10

Clarifies the provisions contained in Part 6 of the Social Welfare Consolidation Act (SWCA) 2005 in relation to entitlement to family income supplement (FIS) in cases where the claimant is living apart from his or her spouse or civil partner and children.

Clarifies the provisions contained in Part 6 of the SWCA 2005 relating to the impact of a change of circumstances on continuing entitlement to FIS during the 52 week entitlement period and on the weekly rate of FIS payable during that period.

It is expected that the provisions of sections 9 and 10 will be commenced in due course.

Civil Registration (Amendment) Act 2014

Uncommenced Provision

Description

Status

- Section 5

- Section 6

- Section 7

- Section 8

Provides that a person who is a qualified informant must produce to the registrar any evidence, including documentary evidence relating to a birth as requested by the registrar. The section also provides that a Superintendent Registrar may complete the registration of a birth where, in exceptional circumstances, a qualified informant has not signed the register to allow completion of the registration. Under this section a child who has attained the age of 18 years may be considered as a qualified informant in relation to the registration or re-registration of their own birth entry.

This section amends section 22 of the Civil Registration Act 2004 and contains a number of amendments relating to the registration of the father’s name where the parents are not married.

Provides for the re-registration of a birth and contains a number of amendments to section 23 of the 2004 Act.

Amends the 2004 Act by the insertion of a new section which provides for the re-registration of a birth of a child, where the parents were not married on the date of the birth, on foot of a court order.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

- Section 9

- Section 11

- Section 12

- Section 13

- Section 15(a)

- Section 19(1)

- Section 21(a)

- Section 22

- Section 26(1)

- Section 27(a) & (c)

- Section 28

- Section 29(a)

- Section 29(c)

- Section 30(a)

- Section 31

- Section 32

- Section 33

- Section 34

Provides for the amendment of the 2004 Act by insertion of a new section 25A which provides that where the parents of the child cannot agree on a surname that the registrar may complete the registration by leaving the surname blank or in cases where a surname is already registered, that the existing surname shall remain.

Amends section 37 of the 2004 Act to extend the definition of a qualified informant of a death.

Provides that early neonatal deaths are notified to the Superintendent Registrar of the area where the death occurred.

Provides for a record of deaths of Irish citizens who die abroad who were ordinarily resident within the state within 5 years prior to their death.

Amends section 46 of the 2004 Act.

Provides for the recognition of certain marriages carried out at foreign embassies in the State.

Amends section 59B of the 2004 Act.

Amends section 59C of the 2004 Act.

Provides for the recognition of certain civil partnership ceremonies carried out at foreign embassies in the State.

Provides for reduced cost certs where required to be produced to prove age, civil status or death.

Amends section 64 of the 2004 Act providing for the cancellation of entries in the registers.

Deletes reference to consultation with the Minister for Social and Family Affairs in section 66 of the 2004 Act.

Provides for sharing of information with the Road Safety Authority.

Provides that the Minister may make Regulations prescribing a lesser fee for life event certificates where required for official purposes.

Amends section 68 of the 2004 Act consequential to sections 5, 6, 7, 8 and 11 of the 2014 Act.

Adds to the list of offences consequential to amendments made by the 2014 Act.

Adds to the list of penalties consequential to amendments made by the 2014 Act.

Amends the First Schedule of the 2004 Act by deleting “Age next birthday”.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Superseded by the enactment of the Marriage Act 2015.

Superseded by the enactment of the Marriage Act 2015.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Not commenced until further consultation.

Pending further clarification of Data Protection issues.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

Consequential amendments, to be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

To be commenced following receipt of confirmation that the HSE is in a position to administer the necessary civil registration arrangements.

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