Written answers
Wednesday, 18 June 2008
Department of Enterprise, Trade and Employment
Regulatory Impact Analysis
9:00 pm
Leo Varadkar (Dublin West, Fine Gael)
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Question 179: To ask the Tánaiste and Minister for Enterprise, Trade and Employment 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. [23866/08]
Mary Coughlan (Donegal South West, Fianna Fail)
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The information requested by the Deputy is set out in the following tabular statement.
The information below does not include Commencement Orders.
| Year 2006 | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| S.I No. 574 of 2006 European Communities (Restrictive Measures) (Lebanon) Regulations 2006 A | The S.I. provides for penalties for breach of a Council Regulation which was not considered significant in accordance with RIA guidelines | |
| S.I. No. 473 of 2006 European Communities (Restrictive Measures)(Burma/Myanmar) Regulations 2006 | The S.I. provides for penalties for breach of Council Regulation which was not considered significant in accordance with RIA guidelines | |
| S.I. No. 186 of 2006 European Communities (Restrictive Measures against Certain Persons and Entities Associated with Usama bin Laden, the Al-Qaida Network and the Taliban) Regulations 2006 | The S.I. provides for penalties for breach of Council Regulation which was not considered significant in accordance with RIA guidelines | |
| S.I. No. 130 of 2006 European Communities (Trade with Iraq) Regulations 2006 | The S.I. provides for penalties for breach of Council Regulation which was not considered significant in accordance with RIA guidelines | |
| S.I. No. 62 of 2006 European Communities (Restrictive Measures)(Uzbekistan) Regulations 2006 | The S.I. provides for penalties for breach of Council Regulation which was not considered significant in accordance with RIA guidelines | |
| S.I. No. 264 of 2006. Personal Injuries Assessment Board (Fees) (Amendment) Regulations 2006 | RIA unnecessary | |
| Industrial Relations Act 1990 (Code of Practice on Access to Part-time Working (Declaration) Order 2006 (S.I. No. 8 of 2006) | This Code of Practice was introduced in accordance with section 42 of the Industrial Relations Act 1990. That Section provides that the Labour Relations Commission shall prepare draft codes of practice concerning industrial relations for submission to the Minister, either on its own initiative or at the request of the Minister. Before submitting a draft code of practice to the Minister, the Commission must seek and consider the views of organisations representative of employers and organisations representative of workers, and such other bodies as the Commission considers appropriate. In these circumstances, given that the draft Code of Practice had been agreed by the Social Partners, it was not considered necessary to undertake a separate RIA. |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| Safety, Health and Welfare at Work (Work at Height) Regulations 2006 (S.I. No. 318 of 2006) | When assessed in accordance with Department of the Taoiseach RIA Guidelines it was found that these Regulations were not considered significant enough to warrant a RIA being carried out. | These Regulations were subsequently revoked and repealed by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. 299 of 2007) and a screening RIA was carried out prior to the introduction of those General Application Regulations. |
| Safety, Health and Welfare at Work (Control of Vibration) Regulations 2006 (S.I. No. 370 of 2006) | When assessed in accordance with Department of the Taoiseach RIA Guidelines it was found that these Regulations were not considered significant enough to warrant a RIA being carried out. | These Regulations were subsequently revoked and repealed by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. 299 of 2007) and a screening RIA was carried out prior to the introduction of those General Application Regulations. |
| Safety, Health and Welfare at Work (Control of Noise) Regulations 2006 (S.I. No. 371 of 2006) | When assessed in accordance with Department of the Taoiseach RIA Guidelines it was found that these Regulations were not considered significant enough to warrant a RIA being carried out. | These Regulations were subsequently revoked and repealed by Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. 299 of 2007) and a screening RIA was carried out prior to the introduction of those General Application Regulations. |
| S.I. No. 25 of 2006 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006 | Not significant | Transposing Directive 2004/73/EC |
| S.I. No. 74 of 2006 European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006 | Updating existing rules | Transposing Directive 2003/105/EC, amending Directive 96/62/EC |
| S.I. No. 364 of 2006 European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2006 | Not significant | Transposing Directives 2005/59/EC, 2005/69/EC, 2005/84/EC and 2005/90/EC. |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| S.I. No. 386 of 2006 Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006 | Updating existing rules. | Transposing Directive 2003/18/EC on the protection of workers from the risks related to exposure to asbestos at work |
| S.I. No. 405 of 2006 Carriage of Dangerous Goods by Road Regulations 2006 | Updating existing rules. | Transposing Directives 2004/111/EC on the transport of dangerous goods by road and 2004/112/EC [Road checks on transport of dangerous goods by road] |
| S.I. No. 630 of 2006 Dangerous Substances (Retail and Private Petroleum Stores) (Amendment) Regulations 2006 | Updating existing rules. | |
| Proposal for a Directive of the European Parliament and of the Council amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury | Stakeholder consultation indicated no significant likely impacts | This has been agreed as Directive 2007/51/EC relating to restrictions on the marketing of certain measuring devices containing mercury. A screening RIA has been carried out on the draft transposing Statutory Instrument. |
| Proposal for a Regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals [COM(2006)745] | Proposal to replace existing regulation, due to incorrect legal base – not significant | Known as "Rotterdam PIC" Regulation |
| Draft Council Directive adapting Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances, by reason of the accession of Bulgaria and Romania [Com(2006)527] | Not significant | |
| Proposal for a Directive of the European Parliament and of the Council on the protection of workers from the risks related to exposure to asbestos at work (codified version).[COM(2006)664] | Not significant, only codifies existing rules |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| The European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006). | An RIA was not carried out in relation to these Regulations as they were not deemed to be significant in accordance with published guidelines on RIA. The social partners and relevant bodies were consulted in advance of the Regulations being finalised. | These Regulations were signed into law on 14 December 2006. They transpose EU Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees. |
| SI No. 683 of 2006 Employment Permits Act 2006 (Prescribed Fees & Miscellaneous Procedures) Regulations 2006 | The purpose of this SI was to give effect to standard administrative arrangements for the implementation of requirements of the legislation. As such, it was not considered appropriate, to conduct a RIA on this SI | |
| Patents (Amendment) Act 2006 No. 31 of 2006 | Government approved the drafting of Patents (Am) Bill on 27 April 1999 before need for RIA | This Act amended the Patents Act, 1992 to bring Intellectual Property Law into compliance with our obligations under International agreements. |
| European Communities (Limitation of Effect of Patent) Regulations 2006 (S.I. No. 50 of 2006) | The Regulations transposed two Directives predating need for RIA. | These Regulations transposed Article 10.6 of Directive 2001/83/EC (amended by Directive 2004/27/EC) and Article 13.6 of Directive 2001/82/EC (amended by Directive 2004/28/EC |
| European Communities (Patent Agents) Regulations 2006 (S.I. No. 141 of 2006) | Need to respond to Commission legal action on Irish legislation as contrary to Article 49 of EU Treaty. | These Regulations made in order to allow a qualified person, established in another Member State of the European Communities to act as a patent agent, to act for another person in relation to patent matters before the Controller of Patents, Designs and Trade Marks |
| Patent (Amendment) Rules 2006 (S.I. No. 142 of 2006) | Need to respond to Commission legal action on Irish legislation as contrary to Article 49 of EU Treaty. | The Regulations outlined in the previous column necessitated consequential amendments to the Patent Rules. |
| European Communities (Artists Resale Right) Regulations 2006 (S.I. No. 312 of 2006) | Government approved the drafting before need for RIA | Gave effect to Directive 2001/84/EC |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| European Communities (Enforcement of Intellectual Property Rights) Regulations, 2006 (S.I. No. 360 of 2006) | Not of major significance for RIA purposes. | These Regulations transpose aspects of Directive 2004/48/EC on the Enforcement of Intellectual Property Rights which were not, at that time, available under Irish law. The majority of the directive provisions were not novel and already existed under Irish law for some considerable time. |
| European Communities (Enforcement of Community Judgments on Trade Marks and Designs) Regulations 2006 (S.I. No. 646 of 2006) | Not of major significance for RIA purposes. | The purpose of these Regulations is to ensure that decisions, accompanied by an Order for costs, made by the EU Trade Mark and Industrial Design (OHIM), can be executed in Ireland. The regulations nominate the High Court as the competent authority before which such orders should be brought for execution. |
| S.I. No. 547 of 2006 — European Communities (Human Blood and Blood Components traceability Requirements and Notification of Serious Adverse Reactions and Events) Regulations 2006 | Not considered necessary to carry out an RIA | |
| S.I No. 655 of 2006 — Industrial Development Act 1995 (Authorisation of Enterprise Ireland) Order | A Regulatory Impact Analysis was not considered proportionate when compared to the impact and scope of the S.I. | S.I. No. 655 of 2006 authorises Enterprise Ireland (EI) to carry out certain functions in respect of the County and City Enterprise Boards (CEBs) on behalf of the Minister. |
| Industrial Development Bill 2006 | Formal RIA unnecessary. | The purpose of the Bill was to facilitate the transfer of staff from Shannon Development to Forfás. It had no impact on the regulatory framework and accordingly a formal RIA was deemed unnecessary. |
| S.I. No. 241 of 2006 — European Communities (Noise Emission by Equipment for Use Outdoor) (Amendment) Regulations 2006 | This Statutory Instrument transposes a technical amendment to Council Directive 2005/88/EC and is of limited significance. |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| Council Directive 2006/96/EC of 20 November 2006, adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania. | This Directive is a technical amendment to Directive 71/316/EEC (setting common provisions for measuring instruments and methods of metrological control) and is of limited significance. | |
| Council Directive 2006/42/EC of 17 May 2006 on Machinery and amending Directive 95/16/EC | A screening RIA of the Directive was not completed before adoption but was completed in respect of the draft Statutory Instrument transposing the Directive. | |
| S.I. No. 290 European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws)Regulations, 2006 | This Regulation did not amend or introduce new policy. It merely required the designation of existing competent authorities for the purpose of intra-community application of consumer law. | These Regulations implement Regulation (EC) No. 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer laws. The main purpose of the Regulations is the designation of competent authorities for the specific consumer measures outlined in the annex to the Regulation. |
| Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC | Proposal for this Directive pre-dated requirement for RIA | |
| Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings | Proposal for this Directive pre-dated requirement for RIA | |
| S.I. No. 57 of 2006 – Companies (Auditing and Accounting) Act 2003 (Prescribed Accountancy Bodies) Regulations 2006 | Not considered necessary. The Act which predated the requirement for RIA provided for the prescription of bodies. |
| Year 2006 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| S.I. No. 502 of 2006 – Companies (Fees) Order 2006 | Not considered necessary. The order introduced a "nil" fee for the electronic filing of Form B73 (nomination of the Registrar of Companies of a new annual return date for a company). | |
| S.I. No. 619 of 2006 Companies (Auditing and Accounting) Act 2003 (Prescribed Bodies for Disclosure of Information) Regulations 2006 | Not considered necessary. These Regulations prescribe bodies to which the Irish Auditing and Accounting Supervisory Authority may disclose information for the purpose of Section 31 (3) of the 2003 Act. The bodies are named in the Act. | |
| S.I. No. 255 of 2006 Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids. | Proposal for this Directive pre-dated requirement for RIA | |
| Investment Funds, Companies and Miscellaneous Provisions Bill, 2006 | While a formal RIA was not undertaken, all appropriate considerations arising were brought to the attention of Government relating to each of the provisions contained in the Act. | |
| S.I. No. 287 of 2006 European Communities (Undertakings for Collective Investment in Transferable Securities)(Amendment) Regulations, 2006 | This S.I. completed the transposition of an earlier EU Directive, agreed in 2002, which predated the requirement to undertake a RIA |
| Year 2007 | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| S.I. No. 8 of 2007 European Communities (Names AND Labelling of Textile Products) (Amendment) Regulations 2007 | This was a minor technical amendment to the existing regulation | Labelling of textiles is governed by the Principal Regulations [SI No. 245 of 1998 which transposed EU Directive 96/74/EC]. Commission Directive 2006/3/EC of 9 January 2006, amends the Principal Regulations by adding a new textile called "elastomultiester". |
| S.I. No. 9 of 2007 European Communities (Quantitative Analysis of Binary Textile Fibre Mixtures) Regulations 2007 | This was a minor technical amendment to the existing regulations | This Statutory Instrument transposes Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 and Directive 2006/2/EC of the European Parliament and of the Council of 6 January 2006. This S.I. is a companion to Directive96/74/EC of the European Parliament and of the Council of 16 December 1996. Directive 96/74/EC covers the names and definitions of various textile products whereas Directive 96/73/EC covers the methods for testing these textiles. Commission Directive 2006/2/EC amends Directive 96/73/EC by changing certain methods of testing of textiles. |
| Directive 2007/63/EC of the European Parliament and of the Council of 13th November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert's report on the occasion of merger or division of public limited liability companies | Not considered necessary as this was a measure to lighten the regulatory burden emerging from the EU Commission's Strategic Review of Better Regulation. | |
| Directive 2003/58/EC of the European Parliament and of the Council of 15th July 2003. S.I. No 49 of 2007 – European Communities (Companies) (Amendment) Regulations 2007 | Proposal for this Directive pre-dated requirement for RIA. | Directive 2003/58/EC of the European Parliament and of the Council of 15th July 2003. S.I. No 49 of 2007 – European Communities (Companies) (Amendment) Regulations 2007 |
| Year 2007 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC | Proposal for this Directive pre-dated requirement for RIA | |
| S.I. Number 832 of 2007. European Communities (Undertakings for Collective Investment in Transferable Securities) (Amendment) Regulations 2007 | Not considered necessary. This S.I. transposed EU Directive 2007/16/EC mentioned below. | |
| Directive No. 2007/16/EC implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions. | Not considered necessary. This Directive clarified the definitions relating to the types of instruments that UCITS could invest in. It was not seen therefore as introducing any significant new regulatory requirements. | |
| European Communities (Implementation of the Rules on Competition laid down in Articles 81 and 82 of the Treaty) (Amendment) Regulations 2007 SI 525 of 2007 | Not considered sufficiently significant to warrant a RIA |
| Year 2007 — continued | ||
| Title of statutory instruments, bills and EU directives on which the Dept did not carry out any form of regulatory impact analysis on | The reason for this decision | Additional Information |
| Competition Act 2002 (Section 18 (5) and (6)) Order 2007 SI 122 of 2007 | Not considered sufficiently significant to warrant a RIA | |
| Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. No. 689 of 2007) | This statutory instrument prescribes the form of fixed payment notices to be issued under section 85 of the Consumer Protection Act 2007 and, as such, simply gives procedural effect to the substantive provision in the Act. A screening Regulatory Impact Analysis was undertaken for the Consumer Protection Bill 2006, including the provision on fixed payment notices. | Consumer Protection (Fixed Payment Notice) Regulations 2007 (S.I. No. 689 of 2007) |
| European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007). | This statutory instrument gives effect to Directive 2006/114/EC concerning misleading and comparative advertising. That Directive is a codified version of Directive 84/450/EEC on misleading advertising as amended by Directive 97/55/EC on comparative advertising and Directive 2005/29/EC on unfair commercial practices. Codified Directives consolidate the contents of the Directives being codified with only such formal amendments as are required by the process of codification. As the statutory instrument brings together provisions that have been part of Irish and EU law for some time, a regulatory impact analysis was considered to be unnecessary. | European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007). |
Leo Varadkar (Dublin West, Fine Gael)
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Question 180: To ask the Minister for Arts, Sport and Tourism the occasions on which he 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 he will make a statement on the matter. [23861/08]
Martin Cullen (Waterford, Fianna Fail)
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My Department has not carried out any regulatory impact assessment since the policy was introduced.
The government approved a number of specific actions to be taken in relation to the key recommendations of the Dalton Report which was an independent assessment of certain corporate governance and anti-doping issues affecting Bord Na gCon. No formal regulatory impact assessment was carried out in relation to the drafting of the legislation required to implement these specific recommendations.
However, a regulatory impact assessment will be carried out at a future date in the context of the root and branch review of the Greyhound Industry Acts 1958-1993 decided upon by the government with a view to bringing legislation dealing with the greyhound industry into line with best current practice.
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