Written answers
Wednesday, 30 January 2008
Department of Communications, Energy and Natural Resources
Legislative Programme
8:00 pm
Martin Mansergh (Tipperary South, Fianna Fail)
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Question 1439: To ask the Minister for Communications, Energy and Natural Resources 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. [1192/08]
Eamon Ryan (Dublin South, Green Party)
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The table below contains a list of Acts passed by the Houses of the Oireachtas, which were sponsored by my Department in each year from 2003 to 2007 with reference to any EU legislative obligations.
| Year | Act | Legislation requirement with regard to EU obligations | Ireland's discretion as to the manner in which EU obligations were translated into domestic law |
| 2003 | Broadcasting (Major Events Television Coverage) (Amendment) Act 2003 | Wholly required, Council Directive No. 89/552/EEC of 3 October 1989 as amended by Directive No. 97/36/EC of the European Parliament and of the Council of 30 June 1997 | None; legislative transposition required. |
| 2003 | Broadcasting (Funding) Act 2003 | No | Not applicable |
| 2004 | Electricity (Supply) (Amendment) Act 2004 | No | Not applicable |
| 2006 | Energy (Miscellaneous Provisions) Act 2006 | 1. To replace the definition of combined heat and power contained in Irish law with that contained in Directive 2004/8/EC; and | Not Applicable in that there is minimal reference to EU legislation within context of the overall Act as it only contained 2 sections of a total 30 sections with reference to Directives. |
| 2007 | Electricity Regulation (Amendment) (SINGLE Electricity Market) Act 2007 | No | Not applicable |
| 2007 | Foyle and Carlingford Fisheries Act | No | Not applicable |
| 2007 | Communications Regulation (Amendment) Act, 2007 | The Act was not wholly required with regard to EU obligations. However, The Commission for Communications Regulation's enforcement powers with regard to obligations under the EU regulatory framework for electronic communications which were transposed by secondary legislation in 2003, were supplemented and strengthened under this Act. | Ireland had discretion as to the manner in which obligations under the EU regulatory framework were transposed. This was done in two stages — Regulations under the European Communities Act, 1972 to give immediate effect to the obligations; and then this was supplemented by primary legislation which enabled the provision of indictable penalties for serious breaches of the framework. |
| 2007 | National Oil Reserves Agency Act, 2007 | No | Not applicable |
| 2007 | Broadcasting (Amendment) Act, 2007 | No | Not applicable |
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