Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context

Question 336: To ask the Minister for Foreign Affairs the occasions on which he did not carry out any form of regulatory impact analysis on statutory instruments, Bills and EU directives for 2008 since June 2008; the reason in each case for that decision; and if he will make a statement on the matter. [46070/08]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context

Question 337: To ask the Minister for Foreign Affairs the occasions on which his Department carried out a screening regulatory impact analysis on statutory instruments, Bills and EU directives since June 2008; if, in each instance, the decision was taken to carry out a full regulatory impact analysis subsequent to the screening regulatory impact analysis; if no such decision was taken, the reason in each case that no full regulatory impact analysis was carried out; and if he will make a statement on the matter. [46085/08]

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 336 and 337 together.

I am fully committed to achieving the goals set out in the Action Plan for Better Regulation and believe that improvements in regulation can have a positive impact on the quality of engagement between the public and Government.

Most of the legislation brought forward by my Department does not impact significantly on the regulatory environment. Regulatory Impact Assessments are, however, carried out on all appropriate legislation.

Since June of this year, my Department has been involved in preparing a number of pieces of legislation. These have been assessed to establish the likely impact on the regulatory environment. I have set out below, details of the legislation and also the regulatory impact assessments which have been carried out.

The Cluster Munitions and Anti-Personnel Mines Bill 2008 was signed into law on 2 December 2008. The Bill was brought forward in order to give effect to two international agreements — the Convention on Cluster Munitions and the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction. As the Bill did not exceed what was required to implement these two international Conventions, and was assessed to have no impact of the regulatory environment, it was determined that no formal Regulatory Impact Assessment was needed.

The Irish Diaspora Endowment Fund Bill is being put in place to allow the Government to contribute funds to the Ireland Funds. A screening Regulatory Impact Assessment was carried out on this legislation. As the Deputy will be aware, the decision to conduct a full RIA is taken if the initial screening has highlighted possible significant impacts; these are defined as those which have substantial and observable effects either on the economy, on a sector of society or on the environment. In this case, the RIA screening concluded that, as the legislation would not have a significant impact in these areas, a full RIA was not required.

A Statutory Instrument (S.I No 220 of 2008) was made by the Minister for Foreign Affairs on 25 June 2008. The Instrument was made under the Child Abduction and Enforcement of Custody Orders Act, 1991. This Act gives effect to the Hague Convention on the Civil Aspects of International Child Abduction (23 May 1990). The purpose of the Convention is to establish a system among Contracting States in order to (i) ensure the prompt return of children who are wrongfully removed to or retained in any Contracting State and (ii) ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting State. Given the nature of the Statutory Instrument, it was not deemed to be sufficiently significant for the purposes of triggering a Regulatory Impact Analysis. It does not involve any costs, and its purpose, is, in fact, to facilitate a more efficient application of the said Convention within Ireland.

Three statutory instruments relating to the Passports Act 2008 came into effect on 1 November 2008 to address associated matters of detail and procedure. One instrument gave the date for the commencement of the Act, another prescribed the period of validity for different types of passports and a third prescribed the time limits for the making and determination of appeals against decisions to refuse to issue or to cancel a passport. A regulatory impact assessment had previously been undertaken on the Passports Bill 2007. Accordingly, it was not necessary to undertake a further regulatory impact analysis on these statutory instruments as they were not significant in themselves and would have no impact on the regulatory environment.