Written answers
Tuesday, 16 October 2007
Department of Environment, Heritage and Local Government
Regulatory Impact Assessments
10:00 pm
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 590: To ask the Minister for the Environment, Heritage and Local Government the number of regulatory impact assessments produced by his Department since the adoption of the policy by Government; the number of appropriate decisions made by his Department which did not include such assessments; the reason for same; and if he will make a statement on the matter. [23908/07]
John Gormley (Dublin South East, Green Party)
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Details of Regulatory Impact Assessments (RIAs) conducted by my Department since 21 June 2005 are presented in the table. Following the Government decision of 21 June 2005, a Regulatory Impact Analysis (RIA) must be applied to:(i) all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions);(ii) significant Statutory Instruments;(iii) proposals for EU Directives and significant EU regulations when they are published by the European Commission.
Information is also provided in the table on all items, relevant to the above requirements, undertaken by my Department since 21 June 2005. Where an RIA was not conducted, the reasons for same are outlined. As the Deputy will note, where an RIA was not applied, the decision to approve drafting of the relevant legislation was undertaken, for the most part, prior to the adoption of the Government policy regarding RIA in June 2005.
| Table — Regulatory Impact Assessments, Department of the Environment, Heritage and Local Government, since 21 June 2005 | |||
| Date | Legislation | RIA | Reason for not applying RIA |
| 05/07/2005 | Draft Waste Management (Facility Permit and Registration) Regulations | No | Review process predated the Government decision of 21 June 2005. |
| 05/07/2005 | Draft Waste Management (Collection Permit) Regulations | No | Review process predated the Government decision of 21 June 2005. |
| 05/07/2005 | Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 | No | Regulations were prepared and agreed with stakeholders prior to Government decision of 21 June 2005 |
| 05/07/2005 | Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) Regulations 2005 | No | Regulations were prepared and agreed with stakeholders prior to Government decision of 21 June 2005 |
| 09/07/2005 | Electoral (Amendment) Act 2005 | No | Government approval for Heads of Bill received prior to 21 June 2005. |
| 21/12/2005 | Building Regulations (Amendment) Regulations 2005 | No | Amendment of Part L of the Building Regulations and part Transposition of Energy Performance of Buildings Directive (2002/91/EC). RIA not necessary as Part L Consultation Documents were published in 2004. Directive 2002/91/EC adopted in 2002. |
| 08/03/2006 | Part B (Fire Safety) of the Building Regulations | No | Consultation Documents published in 2003 |
| 31/05/2006 | Waste Management (End-of-Life Vehicles) Regulations 2006 | Yes | N/A |
| 09/06/2006 | Building Societies (Amendment) Bill 2006 | No | Government approval for Heads of Bill received prior to 21 June 2005. |
| 16/07/2006 | Planning and Development (Strategic Infrastructure) Act 2006 | No | Government approval for Heads of Bill received prior to 21 June 2005. |
| 18/07/2006 | European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2006. | No | Regulations followed on from significant consultations with stakeholders, ongoing since 2001. |
| 13/09/2006 | Nuclear Test Ban Bill | No | RIA not applicable |
| 05/12/2006 | Designated Land (Housing Development) Bill 2006 | No | The content of the Bill is under consideration and a RIA will be undertaken once a final decision on content has been taken. |
| 08/12/2006 | Carbon Fund Bill | Yes | N/A |
| 11/12/2006 | Electoral (Amendment) Act 2006 | No | Government approval for Heads of Bill received prior to 21 June 2005. |
| 19/12/2006 | Social Housing (Miscellaneous Provisions) Bill 2006 (General Scheme) | Yes | N/A |
| 19/12/2006 | European Communities (Energy Performance of Buildings) Regulations 2006 | No | Transposition of Certain Articles of the Energy Performance of Buildings Directive (2002/91/EC). RIA not necessary as Directive 2002/91/EC was adopted in 2002. |
| 24/12/2006 | Local Government (Business Improvement Districts) Act 2006 | No | Government approval for Heads of Bill received prior to 21 June 2005. |
| EU Draft Building (Amendment) Regulations 2006 — Proposed Amendment to Part G (Hygiene) of the Building Regulations — Regulations not yet signed into force. | Yes | N/A |
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