Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Government decision in June 2005 to introduce Regulatory Impact Analysis (RIA) in the decision making processes of government Departments stated that it should be applied to all proposals for primary legislation involving changes to the regulatory framework, significant Statutory Instruments and proposals for EU Directives and significant EU regulations.

My Department introduces a very considerable amount of legislation every year in particular secondary legislation, transposing EU Directives and Regulations. These statutory instruments are mostly of a technical nature, or deal with enforcement, prosecution and penalty procedures and as such do not involve significant policy changes to the various client sectors affected and therefore such statutory instruments would not have required the application of a RIA.

A proposal for the Fish Health Directive was introduced in late 2005. My officials felt that a RIA was not warranted, as the changes proposed were not sufficiently significant. However, extensive consultations with the industry were carried out during the negotiation period and the transposition of the Directive.

At the moment Screening RIAs are currently being prepared in my Department in relation to the Forestry Bill, the Foreshore Bill and the EU proposals in relation to the CAP "Health Check".

My officials are very aware of the RIA process and are reminded regularly on the need to consider whether or not a RIA should be applied to any secondary legislation being introduced by my Department.