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Legislative Measures

Dáil Éireann Debate, Thursday - 26 January 2023

Thursday, 26 January 2023

Ceisteanna (231)

Cian O'Callaghan

Ceist:

231. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage what sections of the Electoral Reform Act 2022 have yet to be commenced; if there is a timeline for the commencement of these sections; and if he will make a statement on the matter. [3863/23]

Amharc ar fhreagra

Freagraí scríofa

The Electoral Reform Act 2022 ('the Act') was enacted on 25 July 2022 and section 1(5) provides that the provisions of the Act are subject to commencement orders being made. The Electoral Reform Act 2022 (Commencement) Order 2022 and the Electoral Reform Act 2022 (Commencement) (No. 2) Order 2022 provided for the commencement of a number of the provisions of the Act. Both statutory instruments are available online at www.irishstatutebook.ie at the following links www.irishstatutebook.ie/eli/2022/si/512/made/en/print and www.irishstatutebook.ie/eli/2022/si/720/made/en/print.

I intend making the establishment day order establishing An Coimisiún Toghcháin very shortly and once An Coimisiún has been established the remaining elements of section 4, Parts 2 and 3 of the Act along with Part 9 of the Act will be commenced.

Parts 4 and 5 of the Act have also not yet been commenced. The provisions in Parts 4 and 5 were formally notified in draft form to the European Commission in accordance with the requirements of the notification procedure as set out in Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification). Under the notification procedure, the Commission delivered a detailed opinion to Ireland in respect of Part 4 and provided observations in respect of Part 5. My Department is continuing to engage with the European Commission with a view to resolving outstanding issues prior to the commencement of Parts 4 and 5 of the Act.

Finally, sections 182, 183, 187, 189, 192, 193 and 199 (except insofar as it relates to the insertion of section 91 into the Electoral Act 1997) of Part 7 have not been commenced. These provisions will be commenced at the appropriate time following the preparation and publication by the Standards in Public Office Commission of updated guidelines that are required under sections 4 and 89 of the Electoral Act 1997 (as amended).

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