Eviction Ban signed into Law on a Saturday - what is date of enactment?

phatony · 30-10-2022 12:52am #1

Important Point for many people:

President Higgins signed the Eviction ban bill on Saturday afternoon (October 29th).

The winter eviction ban is stated in the bill as "Beginning on the day after the date of the passing of Act".

Everyone seems to report the winter eviction ban period as beginning on November 1st.

Why is it not Oct 30th? Is it actually October 30th?

Is signing the bill the event that passes it into law or is there something that can't take place until the next business day that passes it into law?

Victor · 30-10-2022 1:18am

The president's signature does seem to be a requirement before it is enacted. I think it also needs to be published in Iris Oifigiúil for it to be in effect - that is normally only published on weekdays.

The full title is Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022. The "Eviction Ban Bill 2022" is till before the Dáil.

30-10-2022 3:14am

It could be they’re just rounding to 1st of Nov? Interesting question though. I would wonder if they had planned for President Higgins to sign it on Monday, but he’s unavailable due to Halloween? 🤔 Could be it’s been done today (Friday) in order to make sure it’s on time.

phatony · 30-10-2022 5:58am

https://www.boards.ie/discussion/comment/119810750#Comment_119810750

Anyone aware of a quote-able source that the day of enactment depends on publication in Iris Ofigul?

The problem there is that publication of Iris is on Tuesday Nov 1. So the first day after would mean the winter period begins on Wed 2nd?

Victor · 30-10-2022 6:24am

If I'm correct, once it is published on the day, it applies for the whole day.

See sections 15-17, 18(h) of the Interpretation Act 2005 https://www.irishstatutebook.ie/eli/2005/act/23/enacted/en/html

phatony · 30-10-2022 8:21am

https://www.boards.ie/discussion/comment/119810897#Comment_119810897

Thanks, but then how does the "first day after enactment" come into it? That would be Nov 2nd?

Larry Bee · 01-11-2022 6:40pm

It was signed on Saturday, effective from Sunday 30th. Legislation written as it was to ensure whether it was signed anytime over the weekend, it would be effective as early as possible. Not effective from the date of signing as would have been unfair to landlords serving NoTs that day.

Peregrinus · 02-11-2022 2:08am

https://www.boards.ie/discussion/comment/119810892#Comment_119810892

I don't think the date of enactment does depend on publication in Irish Oifigiúil. Interpretation Act 2005 s. 15, already linked in this thread, provides that "the date of the passing of an Act of the Oireachtas is the date of the day on which the Bill for the Act is signed by the President."

So, if this Bill was signed on 29 October then that's the date of enactment, and the day after that date is 30 October, and by s. 1(1) of the Act that's the first day of the winter emergency period.

Possibly somebody offered 1 November as the intended, expected or targeted starting date at a time when it wasn't known precisely when the Bill would pass both houses and/or when it would be signed, and that date is still being quoted despite having been overtaken by events.

Eviction Ban signed into Law on a Saturday - what is date of enactment?

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