Written answers

Tuesday, 17 June 2008

Department of Social and Family Affairs

Regulatory Impact Analysis

11:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 554: To ask the Minister for Social and Family Affairs the occasions on which she did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for the years 2006, 2007 and to date in 2008; the reason for this decision; and if she will make a statement on the matter. [23872/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 560: To ask the Minister for Social and Family Affairs the occasions on which her Department has carried out a screening regulatory impact analysis on Statutory Instruments, Bills and EU Directives in the years 2006, 2007 and to date in 2008; the occasions on which they have subsequently decided not to carry out a full regulatory impact analysis; the reason this decision was made in each case; and if she will make a statement on the matter. [22688/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 554 and 560 together.

My Department has produced a number of Screening Regulatory Impact Analyses (RIAs) since the Government Decision to introduce this policy. These related to the Citizens Information Bill 2006; the inclusion of trust-based Retirement Annuity Contracts under the relevant provisions of the Pensions Act (Social Welfare and Pensions Bill 2007); and amendments to provisions relating to the supplementary welfare allowance (Social Welfare and Pensions Bill 2007). A further two screening RIAs on the implementation of proposals on trusteeship were carried out as part of the Social Welfare and Pensions Bill 2008. Finally, a screening RIA was applied by my Department to the 'Amended proposal for a Directive of the European Parliament and of the Council on minimum requirements for enhancing worker mobility by improving the acquisition and preservation of supplementary pension rights'. This latter RIA is a work in progress as negotiations on the proposed Directive are ongoing.

In carrying out regulatory impact analyses, my Department has regard to the RIA guidelines produced by the Department of the Taoiseach. Where certain impacts specified in the guidelines are identified, and these impacts are deemed to be significant, it is advised that a full RIA should be carried out. In each case listed above, it was not deemed necessary to carry out a full RIA as the screening RIAs did not find that the relevant impacts reached the thresholds set out in the Guidelines.

Given the time constraints involved, the annual Social Welfare Bill which implements PRSI and other changes to social welfare legislation arising from the Budget, has not been subject to regulatory impact analysis. However, my Department undertakes significant ex-ante analysis of these measures.

In relation to secondary legislation, the RIA guidelines state that only significant Statutory Instruments are subject to RIA. In this regard, given that these are largely technical in nature, my Department has not conducted a regulatory impact analysis on a Statutory Instrument over the period.

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