Written answers
Wednesday, 30 January 2008
Department of Enterprise, Trade and Employment
Legislative Programme
8:00 pm
Martin Mansergh (Tipperary South, Fianna Fail)
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Question 632: To ask the Minister for Enterprise, Trade and Employment the number of Acts passed by the Houses of the Oireachtas sponsored by his Department in each year from 2003 to 2007; the Acts which were legislation wholly or mainly required by Ireland's EU obligations, which were partly so required, and which had no significant or minimal reference to EU legislation; and if in the first two cases Ireland had significant discretion, as to the manner in which EU obligations were translated into domestic law. [1196/08]
Micheál Martin (Cork South Central, Fianna Fail)
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Details of the 20 Acts passed by the Houses of the Oireachtas that were sponsored by my Department from 2003 to 2007 are set out in the following tabular statement.
| 2003 | ||||
| Title Act | Was the Act introduced wholly or mainly as a result of EU obligations | Was the Act introduced partly as a result of EU obligations | Did the Act have minimal or no basis in EU obligations | Where Acts were implemented wholly or partly as a result of EU obligations, had Ireland significant discretion as to the manner of how these obligations were implemented into Irish law |
| Personal Injuries Assessment Board Act 2003 | No | No | Yes | N/A |
| Industrial Development (Science Foundation Ireland) Act 2003 | No | No | Yes | N/A |
| Protection of Employees (Fixed-Term Work) Act 2003 | Yes | No | No | Yes |
| Redundancy Payments Act 2003 | No | No | Yes | N/A |
| Employment Permits Act 2003 | No | No | Yes | N/A |
| Companies (Auditing and Accounting) Act 2003 | No | No | Yes | N/A |
| 2004 | ||||
| Title Act | Was the Act introduced wholly or mainly as a result of EU obligations | Was the Act introduced partly as a result of EU obligations | Did the Act have minimal or no basis in EU obligations | Where Acts were implemented wholly or partly as a result of EU obligations, had Ireland significant discretion as to the manner of how these obligations were implemented into Irish law |
| Industrial Relations (Miscellaneous Provisions) Act 2004 | No | No | Yes | N/A |
| Copyright and Related Rights (Amendment) Act 2004 | No | No | Yes | N/A |
| 2005 | ||||
| Title Act | Was the Act introduced wholly or mainly as a result of EU obligations | Was the Act introduced partly as a result of EU obligations | Did the Act have minimal or no basis in EU obligations | Where Acts were implemented wholly or partly as a result of EU obligations, had Ireland significant discretion as to the manner of how these obligations were implemented into Irish law |
| Landlord and Tenant (Ground Rents) Act 2005 | No | No | No basis in E.U. obligations | N/A |
| Safety, Health and Welfare at Work Act 2005 | No. | Yes | N/A | Yes — In the case of the Safety, Health and Welfare at Work Act 2005, provisions beyond those in the Directive were introduced and legislation was modernised |
| Investment Funds, Companies and Miscellaneous Provisions Act 2005 | No | Yes | N/A | Ireland had some discretion in the manner our EU obligations were implemented. |
| 2006 | ||||
| Title Act | Was the Act introduced wholly or mainly as a result of EU obligations | Was the Act introduced partly as a result of EU obligations | Did the Act have minimal or no basis in EU obligations | Where Acts were implemented wholly or partly as a result of EU obligations, had Ireland significant discretion as to the manner of how these obligations were implemented into Irish law |
| Industrial Development Act 2006 | No | No | No basis in E.U. obligations | N/A |
| Employees (Provision of Information and Consultation) Act 2006 | Yes | No | No | Yes. The EU Directive left considerable discretion to Member States in setting out national procedures. |
| Employment Permits Act 2006 | No | No | Yes | N/A |
| Investment Funds, Companies and Miscellaneous Provisions Act 2006 | No | Yes | N/A | Ireland had some discretion in the manner our EU obligations were implemented |
| Patents (Amendment) Act 2006 | No | No | Yes | N/A |
| 2007 | ||||
| Title Act | Was the Act introduced wholly or mainly as a result of EU obligations | Was the Act introduced partly as a result of EU obligations | Did the Act have minimal or no basis in EU obligations | Where Acts were implemented wholly or partly as a result of EU obligations, had Ireland significant discretion as to the manner of how these obligations were implemented into Irish law |
| Personal Injuries Assessment Board (Amendment) Act 2007 | No | No | Yes | N/A |
| Protection of Employment (Exceptional Collective Redundancies) and Related Matters 2007 | No | No | Yes | N/A |
| Consumer Protection Act 2007 | No | Yes | N/A | Some discretion, though not significant discretion |
| Copyright and Related Rights (Amendment) Act 2007 | No | Yes | N/A | No |
It gave further effect to provisions set out in Council Directive 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work and Council Directive 91/383 on measures to improve the safety and health of workers with a fixed duration or temporary employment relationship. The main obligations in these Directives had previously been transposed in a Statutory Instrument in 1993.
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