Dáil debates

Tuesday, 10 October 2006

2:30 pm

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

I propose to take Questions Nos. 4 to 7, inclusive, together.

Significant progress has been made since the publication of the OECD Report on Regulatory Reform in Ireland. The focus of our efforts in progressing regulatory reform is now on implementing the White Paper on better regulation, Regulating Better, which was published in January 2004 in response to the OECD's report. It sets out six core principles that are to be reflected in how we design, implement and review legislation and regulation. Some of the key areas outlined in the OECD report relate to specific sectoral issues and the appropriate Ministers with responsibility for those sectoral areas are reporting directly to the House on progressing the OECD recommendations.

Progress has been made in a number of key areas set out in the White Paper. The better regulation group was established in 2004 to oversee the implementation of the action plan which forms part of the White Paper. This group has met four times so far this year. At present, the better regulation group oversees the work of three subgroups. The first subgroup has been charged with progressing certain commitments in the White Paper in relation to developing improved approaches to regulatory appeals. It prepared a consultation paper on regulatory appeals which was issued in July last and is the basis of a public consultation process that is under way. I will return to this shortly in reply to Deputy Rabbitte's question. Another subgroup of the better regulation group is looking at improving electronic accessibility to statutory instruments. A third subgroup is finalising a database that identifies bodies in Ireland which have regulatory functions.

Alongside this work, the better regulation unit in my Department has commissioned a comprehensive survey of business attitudes to, and experience of, regulation. This will build on a similar survey conducted in 2002. The survey has been guided by input from both the better regulation group and the business regulation forum, which is under the aegis of the Minister for Enterprise, Trade and Employment. It is intended that the survey will focus not only on red tape and administrative burdens but also on the impacts of regulation on business more broadly such as the extent to which it facilitates or is a barrier to economic growth and the competitiveness of business. Following a competitive tendering process, the ESRI was appointed to conduct the survey and it is expected the survey results will be published by the end of the year.

My Department continues to provide support and guidance to Departments and offices on regulatory impact analysis, which is now required for all proposals for significant new regulations being sent to Government for approval.

The process of modernising the Statute Book also continues with the ongoing review of all legislation enacted before the foundation of the State. Deputies will recall the enactment last year of the Statute Law Revision (Pre-1922) Act, which repealed 206 Acts. Earlier this year, there was public consultation on the repeal of a further 2,000 Acts dating from before 1801. There was a very positive response to that consultation, with 70 submissions being received. The results of that consultation are being considered by the Office of the Attorney General.

In light of progress made since the public consultation, the Government agreed to widen the scope of the repeal process to include Acts made since 1801. Accordingly, a new consultation phase to cover Acts made in the period from 1801 to 6 December 1922 was advertised last week and is now under way. Once these latest consultations are complete, the Government will introduce a statute law revision Bill to repeal all remaining pre-1922 legislation from the period 1200 to 1922 which has been found to be redundant or obsolete. It is intended to publish this new Bill by Christmas.

Deputies will also be aware of the Statute Law (Restatement) Act 2002. Shortly before the summer the Government agreed that the Law Reform Commission will conduct a programme of restatement. This programme is to be carried out under the oversight of a steering group, which includes representatives of the Law Reform Commission and the Office of the Parliamentary Counsel and will be chaired by my Department. In May this year, I launched a public consultation process where I invited interested parties to propose areas of law for restatement as a priority. The steering group is examining the submissions received.

Turning to Deputy Rabbitte's question, another commitment in the White Paper was to develop an improved approach to appealing the decisions of the major economic and sectoral regulatory bodies. Given the complex nature of the issues involved in appeals, the Government decided to initiate a broad public consultation process on the issue and a consultation paper was prepared by a sub-group of the better regulation group. The consultation process was launched on 26 July 2006 and advertised in a number of national newspapers. A very successful consultation seminar in relation to appeals was organised by my Department on 14 September 2006 to generate debate on the issue and encourage submissions. The seminar presented legal, international and business experience in relation to appeals. Speakers at the seminar included the Minister for Communications, Marine and Natural Resources and the Attorney General. A number of presentations from the seminar as well as the consultation document are available on the better regulation website or in hard copy on request.

Two submissions have been received to date and a number of other submissions are expected before the closing date of 31 October 2006. The better regulation group will then review submissions received and publish a synthesis document. These submissions will inform proposals on appeals which the better regulation group will prepare for consideration by the Government by the middle of 2007.

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