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Legislative Measures

Dáil Éireann Debate, Thursday - 19 February 2026

Thursday, 19 February 2026

Ceisteanna (434)

James Geoghegan

Ceist:

434. Deputy James Geoghegan asked the Minister for Justice, Home Affairs and Migration if he will outline each section of enacted legislation, where the responsibility lies in the Minister to commence that section, that has not been commenced; if he will outline each section of enacted legislation which provides for the making of regulations by the Minister that have not been made by the Minister; if he will outline all sections of enacted legislation or secondary legislation which provide for the publication of guidelines by the Minister that have not been published, in tabular form; and if he will make a statement on the matter. [13510/26]

Amharc ar fhreagra

Freagraí scríofa

The information requested in relation to enacted legislation that has not been commenced, for the timeline February 2020 to date, is provided in the table below. This includes sections of enacted legislation which provides for the making of regulations that have not yet been made. It has not been possible to provide details of legislation which contain a requirement to publish guidelines as this information is not readily available and compiling it would require a disproportionate use of resources.

Title of Act

Outstanding Provision(s)

Is it intended to commence/activate this provision?

Are there powers to make regulations but no such regulations have been made?

Civil Law (Miscellaneous Provisions) Act 2020

Section 32 - Execution of documents in counterpart

No plans for commencement at this time

Communications (Retention of Data) (Amendment) Act 2022

The Regulation making powers at the following sections have not yet been exercised:

Section 12B(1) – Amend Schedule 2 of the Act

Section 12F(1) - Prescribe certain retention periods or the form of certain reports

Section 12F(2)(a) – Prescribe certain technical requirements on retaining/preserving data

Section 12F(2)(b) – Prescribe criteria to regard when specifying a class of data by reference to a particular geographic area

Section 12F(2)(c) – Procedures in relation to the operation of various provisions under S6 and S7

Section 12G – notification of data subjects*

*In the case of Section 12G, where regulations are required, drafting has commenced. In all other cases, there are no plans to make regulations in the foreseeable future.

Courts and Civil Law (Miscellaneous Provisions) Act 2023

Section 16 inserts 51L into the Civil Liability Act, 1961

Section 51L(2) provides for regulations to be made specifying an index for periodic payments. Drafting of the necessary regulations is at an advanced stage

Section 37 amends section 82(2)(a) and 82(2)(b) of the Bankruptcy Act 1988

Section 82(2) provides that the form and such other manner (than that provided by legislation) of the notice of filing may be prescribed by the Minister. It is not intended to make such regulations at this time.

Section 50, 51, and 67

S.50, 51, 67 to be commenced when adopting Pre-Action Protocols for clinical negligence claims

Section 70 - Amends S.48 of the International Protection Act 2015.

This amendment would extend the period from 5 to 30 days during which a person may opt to voluntarily return to their country of origin. There are no immediate plans to commence this provision.

Section 71 - Amends S.52 of the International Protection Act 2015

This section will be repealed by the International Protection Bill 2026

Section 100

Provides for immunity from suit for the Courts Service and its staff. Amendments may be required prior to commencement to align with provisions of the Court Proceedings (Delays) Act 2024

Section 124

No plans for commencement at this time, due to concerns about impact on champerty and maintenance, and implications for the financialization of litigation and the resultant risk of significant legal costs inflation

Courts and Civil Law (Miscellaneous Provisions) Act 2025

Section 9

Commencement of section 9 of the Courts and Civil Law (Miscellaneous Provisions) Act 2025 will be considered in line with commencement of specific provisions in the Family Courts Act 2024, and a number of other pieces of legislation, at an appropriate time when the Family Courts are to be stood up.

Section 10 - amending the Street and House to House Collections Act 1962 which currently refers to the Gaming and Lotteries Act 1956 to refer instead to the Gambling Regulation Act 2024.

This will be commenced at the same time as the repeal of the 1956 Act.

Court Proceedings (Delays) Act 2024

Full Act not commenced

Arrangements to operationalise the requirements of the Act are currently being finalised

Section 3(1)- The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. N/A- Act has not been commenced

Counterfeiting Act 2021

Section 29

Commencement of section 29 is not necessary as this section has been given effect to by European Union (Counterfeiting of Euro) Regulations 2021 (S.I. No. 408/2021)

Sections 15(1) and 15(2). These sections relate to the Central Bank making regulations following consultation with the Minister for Finance.

Criminal Law (Sexual Offences and Human Trafficking) Act 2024.

Sections 20-36.

Section 33(3) provides a regulation making power that relates to appeals of decisions of the National Referral Mechanism (NRM) Operation Committee. The NRM has not been commenced as work is underway to assess the impact of the EU Migration and Asylum Pact on the provisions

Family Courts Act 2024

Act not yet commenced

It is intended to commence the Family Courts Act 2024 on a phased basis in line with the implementation plan to stand up the Family Courts. Drafting of the first Commencement Order is underway.

Gambling Regulation Act 2024

Section 6, 10, 15(1)(a) – (l), 40 (2)-(6), 41, 42, 81, 228 – 270

Part 2, Chapters 3 and 4, Part 4 Chapters 1 and 2, Parts 5, 6, 7, 8 and 9.

The Act has, to date, been partially commenced to allow for the establishment of the Gambling Regulatory Authority of Ireland (GRAI) and the commencement of its initial functions on 5 March 2025. As of 5 February 2026, a further order was made to commence key aspects of the Act which will enable the Authority to begin issuing and overseeing in-person and remote betting licences. The remaining provisions of the Act to be commenced will be done on a phased basis.

The Act contains a significant number of regulation making powers which are intended to account for the rapidly changing nature of the gambling industry. While some of these powers may never be needed, their inclusion in the Act allows the Authority to adapt to any future developments within the industry and provides the legislation with a degree of flexibility to ensure its continued relevance

Garda Síochána (Recording Devices) Act 2023

Sections 6,7,13-43 and 49

Section 3 regulation dependent on the drafting by AGS of appropriate codes of practice for Parts 2 to 6

Garda Síochána (Functions and Operational Areas) Act 2022

Full Act not commenced

Regulations not made as yet. Kept under review.

Section 9 Regulations drafted.

Personal Insolvency (Amendment) Act 2024

Sections 4,8,9,11,12,15, and 16. These Sections allow for a 'confirmation of truth' to be used instead of a statutory declaration

Work to progress these sections is being progressed in collaboration with the Insolvency Service.

Policing, Security and Community Safety Act 2024

Sections 300, 302(c), (d), (e) and Schedule 1 as they relate to the repeal of section 38 of 20/2005.

Sections 59(1), 212(7) and Section 45(2).

Regulations not made as yet. Kept under review.

Sex Offenders (Amendment) Act 2023

Sections 14(A), 14(b), 15, 16, 24, 25 and 30(2). These sections relate to electronic monitoring and the outcome of a pilot is awaited.

Section 13 inserts section 14C giving the Minister power to make regulations in relation to risk assessment and management teams. No regulations made.

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