Bertie Ahern (Dublin Central, Fianna Fail)

I propose to take Questions Nos. 3 to 7, inclusive, together.

Since the OECD report, Regulatory Reform in Ireland, was published, significant progress has been made in the area of regulatory reform. The Government White Paper, Regulating Better, published in January 2004 in response to the OECD's report, provides the basis for work on the better regulation agenda. Some of the key areas outlined in the OECD report and the White Paper relate to specific sectoral issues and the appropriate Ministers for those sectoral areas are responsible for reporting directly to the House on progressing those recommendations.

A dedicated unit within the public service modernisation division of my Department is tasked with promoting the better regulation agenda generally. In the context of the work of that better regulation unit, I will briefly outline for the House progress in the three areas of regulatory impact analysis, modernisation of the Statute Book and improving the regulatory environment for business.

Since 21 June 2005, regulatory impact analysis, RIA, must be applied to all proposals for primary legislation, significant statutory instruments, draft EU directives and significant EU regulations. RIA is a tool which is used to assess the likely effects of a proposed new regulation or regulatory change. It involves a detailed analysis to ascertain whether the regulation would have the desired impact. It helps to identify any possible side effects or hidden costs associated with regulation and to quantify the likely costs of compliance on the individual citizen or business. It also helps to clarify the costs of enforcement for the State.

To ensure that RIA is proportionate and does not become overly burdensome, the RIA model involves a two-phase approach. Regulations with a relatively low impact are subject to a screening RIA, a preliminary, less detailed analysis. A full RIA involving more extensive and detailed evaluation is applied to more significant regulations.

An independent review of the operation of RIA commenced on 31 October 2007 in line with the terms of Towards 2016. The review will assess the effectiveness of the current RIA model, having regard, in particular, to the principle of proportionality and current international best practice. RIA outputs from Departments and offices will be assessed on a quantitative and qualitative basis, having regard to the requirements of the RIA model itself. The review will also examine the effectiveness of current supports available to officials involved in preparing RIAs and recommend how best to support the RIA process into the future. At the end of the review, recommendations will be made for any necessary changes to the model itself or to its operation. It is expected that the report on the review will be finalised shortly.

The better regulation unit of my Department has, together with the Office of the Attorney General, steered and focused work in the area of modernisation of the Statute Book. The current phase of the statute law revision project, focusing on local, personal and private Acts, will see the completion of analysis of all pre-1922 primary legislation and the availability of a complete list of such legislation that remains in force. The statute law revision project is helping to clear away thousands of redundant and obsolete Acts so that we can see what needs to be repealed and re-enacted in modern, consolidated form. In this regard, good progress is already being made in areas such as land law and conveyancing, company law and financial services.

In addition, the Law Reform Commission is undertaking a programme of statute law restatement which will make legislation more accessible by providing, in the case of selected Acts, a single, up-to-date text, including all amendments. This process of restatement will also facilitate future consolidation and modernisation of legislation.

The programme for Government includes a commitment to instigate a review of the economic regulatory environment, which fits well with elements of the action programme for better regulation contained in the White Paper. An interdepartmental group, chaired by my Department, has been tasked with advancing work in this area.

An independent benchmarking review is being commissioned to address the need for stronger international data and benchmarks in order to assess the comparative efficiency and effectiveness of key Irish economic regulators. The review is expected to make recommendations on improving regulatory structures in Ireland, drawing on international models of regulation. The tender process for this review was initiated on 12 December in the Official Journal of the European Union and on the e-tenders website. In line with the relevant guidelines, the closing date for the receipt of tenders was 8 February and tenders are currently being assessed. It is anticipated that the review will commence at the end of March and last approximately six to nine months.

The interdepartmental group is also currently examining a range of measures to enhance accountability and the transparency of regulators' operations and, arising from its recommendations, the Oireachtas Joint Committee on Economic Regulatory Affairs was recently established. The committee's terms of reference focus on the operational efficiency of regulators in key economic sectors such as energy, communications, transport, health and safety and financial services. The committee has already been briefed by officials of my Department on the review of the economic regulatory environment and has also met with the Health and Safety Authority and the Commission for Communications Regulation in pursuance of its terms of reference.

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