Written answers
Tuesday, 16 December 2008
Department of Education and Science
Regulatory Impact Analyses
9:00 pm
Leo Varadkar (Dublin West, Fine Gael)
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Question 494: To ask the Minister for Education and Science 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. [46066/08]
Batt O'Keeffe (Cork North West, Fianna Fail)
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Since June 2008 there have been 7 statutory instruments promulgated which relate to the education sector.
Four of these are orders of Government; two relate to the delegation of certain Ministerial functions to Ministers of State at my Department, whilst two others were made under the provisions of the Public Service Management Act 1997 to appoint the Special Advisers in accordance with the legislation. None of these are matters which would come within the parameters of Regulatory Impact Analysis (RIA).
One further order was made by the Minister for Education & Science with the consent of the Minister for Justice, Equality & Law Reform and following a motion of each House of the Oireachtas. This order related to an exemption to the Employment Equality Act 1998 to ensure the provision of a specific number of teacher training positions for the Church of Ireland College of Education. This is an existing legislative measure which falls to be renewed periodically and does not lend itself to RIA.
Of the remaining two orders, both were to give effect to the work of external bodies. One was to afford recognition to the Charter of Galway-Mayo Institute of Technology and the other related to regulations governing elections to the Teaching Council â RIA was not considered appropriate in either case.
Details of the 7 orders are as follows:
Education and Science (Delegation of Ministerial Functions) Order 2008 (S.I. 193/2008);
Employment Equality Act 1998 (Section 12) (Church of Ireland College of Education) Order 2008 (S.I. 251/2008);
Qualifications (Education and Training) Act 1999 (Section 31(5)) (Recognition of the Charter of Galway-Mayo Institute of Technology) Order 2008 (S.I. 262/2008);
Education and Science (Delegation of Ministerial Functions) (No.2) Order 2008 (S.I. 285/2008);
Teaching Council (Election of Members) Regulations 2008 (S.I. 386/2008) Appointment of Special Adviser (Minister for Education and Science) Order 2008 (S.I. 402/2008);
Appointment of Special Adviser (Minister for Education and Science) (No.2) Order 2008 (S.I. 410/2008).
Leo Varadkar (Dublin West, Fine Gael)
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Question 495: To ask the Minister for Education and Science 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. [46081/08]
Batt O'Keeffe (Cork North West, Fianna Fail)
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There have been no occasions since June 2008 on which it has been necessary for my Department to conduct a screening RIA on a statutory instrument or Bill. Consequently the matter of a full regulatory impact analysis does not arise.
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