Written answers

Tuesday, 16 December 2008

Department of Environment, Heritage and Local Government

Regulatory Impact Analyses

All Written Answers on 16 Dec 2008 « Previous answer Next answer »

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 398: To ask the Minister for the Environment, Heritage and Local Government 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. [46068/08]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 399: To ask the Minister for the Environment, Heritage and Local Government 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. [46083/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 398 and 399 together.

Details of the Regulatory Impact Assessments (RIAs) conducted by my Department on Statutory Instruments, Bills and EU Directives since June 2008 are set out in the following table. Reasons for the decisions not to carry out a Regulatory Impact Assessment on relevant legislation are also set out.

Following the Government decision of 21 June 2005, a Regulatory Impact Assessment (RIA) must be applied to:

i. all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions);

ii. significant Statutory Instruments;

iii. proposals for EU Directives and significant EU regulations when they are published by the European Commission.

Information is also provided in the table on the decision, where relevant, not to conduct a Full Regulatory Impact Assessment subsequent to a Screening RIA being completed.

Date (June-Dec 2008)LegislationRIA Applied (Y/N) Screening/FullReason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA
4.06.08Waste Management (Landfill levy) Order 2008 — S.I. 168 of 2008NNot significant.
24.06.08Roads Vehicles (Registration and Licencing)(Amendment) (No.2) Regulations 2008 S.I. 207 of 2008NNot significant — minor technical amendments.
07.08Housing (Miscellaneous Provisions) Bill 2008Y — ScreeningScreening RIAs in relationto Bill submitted to Governmentin December 2006 and July 2008without objection by any Department.
1.07.08European Communities (Energy Performance of Buildings)(Amendment) Regulations 2008, SI No 229 of 2008NNot significant.
1.07.08Waste Management (Landfill Levy) Regulations 2008 — S.I No. 199 of 2008NNot significant.
2.07.08Planning and Development Regulations 2008 (SI 235 of 2008)NNot significant — regulations removed unnecessary regulatory burden, rather than making new regulations. Followed from extensive 3 month consultation period.
10.07.08Planning and Development (Amendment) Regulations 2008 (SI 256 of 2008)NSee above.
10.07.08Building Regulations (Part L Amendment) Regulations 2008, SI No 259 of 2008NNot significant. Consolidated and revoked three earlier SIs and introduced a methodology to assist practitioners to demonstrate that a building other than a dwelling complies with existing Part L standards, without changing the actual standards in any way.
Date (June-Dec 2008)LegislationRIA Applied (Y/N) Screening/FullReason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA
16.07.08Waste Management (Batteries and Accumulators) Regulations 2008 — S.I No. 268 of 2008Y — ScreeningThe Purposes of S.I. 268 of 2008 was to transpose the Batteries Directive which contains some single market provisions. The take back systems, on which the Regulations are based, were developed by a working group, established in July 2006, including representatives of the battery industry, retailers, manufacturers, IBEC, SIMI, the waste management sector, local authorities, the EPA. Transposition followed a public consultation. A Screening RIA was undertaken as it is a significant statutory instrument, but with relatively low impact.
(a) have significant negative impacts on national competitiveness
(b) cause significant negative impacts on the socially excluded or vulnerable groups
(c) cause environmental damage
(d) involve a significant policy change in an economic market or have a significant impact on competition or consumers
(e) impinge on the rights of citizens
(f) impose a disproportionate compliance burden
(g) incur additional significant costs to the Exchequer (zero), local authorities (minimal as they no longer have to procure collection and recycling services for waste batteries) or third parties as producer costs were estimated to range from €3.8 million to €9.2 million over a 10 year period, ranging from €118,000 to €294,000 in the first year and €648,000 to €1.6 million in the tenth year of operation, which are significantly under the thresholds (i.e. €10 million in respect of initial costs or €50 million in respect of cumulative costs over ten years) that would require a full RIA.
Date (June-Dec 2008)LegislationRIA Applied (Y/N) Screening/FullReason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA
22.08.08Building Regulations (Part G Amendment) Regulations 2008, SI No. 355 of 2008Full RIAN/A
23.09.08Environmental Protection Agency (Licensing) (Amendment) Regulations 2008 (S.I. No. 382 of 2008)NNot significant — regulations give effect to the EPA's current practice in making all Integrated Pollution Prevention and Control licensing information available to the public.
23.09.08Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 — S.I No. 375 of 2008NNot significant
23.09.08Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008- S.I No. 376 of 2008NNot significant
22.10.08Regulation (EC) No. 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercuryNScreening RIA prepared in June 2007 on the Proposal for a Regulation of the European Parliament and the Council on the banning of exports and the safe storage of metallic mercury. However, RIA was not formalised — the particular proposal had no significant consequences for Ireland.
31.10.08S.I. 427/08 City of Dublin Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 428/08 City of Cork Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 429/08 City of Galway Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 430/08 City of Limerick Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 431/08 City of Waterford Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 432/08 County of Fingal Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 433/08 Borough of Drogheda Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 434/08 County of Cavan Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 434/08 County of Clare Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 436/08 County of Cork Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 437/08 County of Limerick Local Electoral Areas Order 2008NNot significant
Date (June-Dec 2008)LegislationRIA Applied (Y/N) Screening/FullReason for not applying RIA or for not conducting Full RIA subsequent to Screening RIA
31.10.08S.I. 438/08 County of Longford Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 439/08 County of Meath Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 440/08 County of Offaly Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 441/08 County of Galway Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 442/08 County of Kildare Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 443/08 County of Kilkenny Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 444/08 County of Laois Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 445/08 County of Leitrim Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 446/08 County of Monaghan Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 447/08 County of Mayo Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 448/08 County of North Tipperary Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 449/08 County of South Tipperary Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 450/08 County of Waterford Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 451/08 County of Westmeath Local Electoral Areas Order 2008NNot significant
31.10.08S.I. 452/08 County of Wexford Local Electoral Areas Order 2008NNot significant
19.11.08Directive on the protection of the environment through criminal lawRIA not yet appliedRIA being prepared.
19.11.08Directive 2008/103/EC of the European Parliament and of the Council amending Directive 2006/66/EC on batteries and accumulators and waste batteries and accumulators as regards placing batteries and accumulators on the marketNTransposing Regulations not significant.
26.11.08Proposal for aCOUNCIL DIRECTIVE (Euratom)setting up a Community framework for nuclear safetyCOM(2008) 790/3NRIA under consideration.
27.11.08S.I. 504/08 County of Carlow Local Electoral Areas Order 2008NNot significant
27.11.08S.I. 507/08 County of Donegal Local Electoral Areas Order 2008NNot significant
27.11.08S.I. 508/08 County of Dun Laoghaire-Rathdown Local Electoral Areas Order 2008NNot significant

Does this answer the above question?
Yes! 6 people think so!
No! 4 people think not!

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