Leo Varadkar (Dublin West, Fine Gael)
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Question 431: To ask the Minister for Agriculture, Fisheries and Food 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. [46061/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Mussel Seed (Prohibition On Fishing) Regulations 2008 (S.I. 176 of 2008) provided for the closure of certain areas of the mussel seed fishery having regard to the need to conserve the resource and protect the environment. The European Communities (Control On Mussel Fishing) Regulations 2008 (S.I. 347 of 2008) provided for the re-opening of the mussel seed fishery from 23 August 2008 as well as the closure of some areas having regard to the need to protect the environment.

Regulatory Impact Analysis (RIA) was not carried out in advance of the above Statutory Instruments being implemented as the closures were for environmental reasons and needed to be put in place without delay to comply with the Birds and Habitats Directives.

A proposal for the Fish Health Directive was introduced in late 2005 and transposed by European Communities (Health of Aquaculture Animals And Products) Regulations 2008 (S.I. No. 261 of 2008). My Department 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.

The transposition of the Dangerous Substances Directive in respect of marine finfish farms was completed by the introduction of the European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008 (S.I. 466 of 2008). An extensive consultation process took place both with the industry and with the general public in advance of the Regulations being settled. In this regard, my Department was of the view that a RIA was not warranted.

The European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products)Regulations 2008 (S.I. No. 252 of 2008) and Diseases Of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilisers & Soil Improvers) Order 2008 (S.I. No. 253 of 2008) relate respectively to Animal By-Products (ABP) EC Regulation 1774 of 2002 and land spread of organic fertiliser and soil improvers derived from ABP. Both Statutory Instruments were subject to extensive consultation with industry stakeholders in particular the composting/anaerobic digestion/waste industries. That consultation was acknowledged as a positive move and welcomed by stakeholders, formal RIA was not considered necessary in light of the technical nature and restricted scope of the Statutory Instruments.

Leo Varadkar (Dublin West, Fine Gael)
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Question 432: To ask the Minister for Agriculture, Fisheries and Food 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. [46076/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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While my Department is drafting a number of regulatory impact analyses at present, none have been completed since June 2008.