Written answers
Wednesday, 18 June 2008
Department of Justice, Equality and Law Reform
Regulatory Impact Analysis
9:00 pm
Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context
Question 207: To ask the Minister for Justice, Equality and Law Reform 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. [23871/08]
Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context
As the Deputy may be aware, the Department of the Taoiseach's Regulatory Impact Analysis (RIA) Guidelines (October 2005), provide that a formal regulatory impact analysis should be conducted in respect of proposed primary legislation, with the exception of certain emergency, criminal or security legislation. The process is also to be applied in respect of EU Directives and significant Statutory Instruments.
My response to the Deputy on this subject in Parliamentary Question No. 792 of 17 June, 2008 has already set out the instruments where a RIA process has been applied during the years in question. I have now listed below a number of instances where a RIA has not been prepared and the applicable reasons.
| Title of Legislation | Why no RIA Prepared |
| Privacy Bill 2006 | The elements of a Regulatory Impact Analysis were already dealt with in the Report of the Working Group on Privacy, chaired by Mr. Brian Murray, S.C. on which the Bill was based. It does not involve any significant negative impacts/costs. |
| Legal Practitioners (Irish Language) Bill 2007 | The Bill partly implements a recommendation made in the 2006 report of the Competition Authority on Solicitors and Barristers which was published following public consultation. It does not involve any significant negative impacts/costs. |
| Legal Services Ombudsman Bill 2008 | The Bill replicates provisions previously published in Part 2 of the Civil Law (Miscellaneous Provisions) Bill 2006. It does not involve any significant negative impacts/costs. |
| Arbitration Bill 2008 | The Bill is essentially a consolidation measure that does not involve significant negative impacts/costs. |
The Deputy will appreciate that the process of preparing legislation has always involved careful analysis of the issues and impacts arising as a consequence of the proposal in question, including in each of the above cases. He should further note that in a number of instances legislation has been finalised during the years referred to, having commenced prior to the introduction of the formal RIA process, or which flows from policy decisions taken previously. It is also the case that certain criminal/emergency legislation under my Department's aegis falls outside the scope of the guidelines and is not identified separately here. My Department also produces a wide range of statutory instruments which, due to their relatively minor scope and impact, do not come within the scope of the RIA guidelines.
No comments