Written answers
Tuesday, 16 December 2008
Department of Enterprise, Trade and Employment
Regulatory Impact Analyses
9:00 pm
Leo Varadkar (Dublin West, Fine Gael)
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Question 157: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which she 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 she will make a statement on the matter. [46067/08]
Leo Varadkar (Dublin West, Fine Gael)
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Question 158: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the occasions on which her 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 she will make a statement on the matter. [46082/08]
Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 157 and 158 together.
The information requested by the Deputy insofar as my Department is concerned is set out in the following table:
| Title of SI, Bill, or EU Directive proposed since June 2008 | Status regarding the conduct of either a screening or full RIA |
| European Communities (Restrictive Measures) (Iran) (Amendment) Regulations 2008. (S.I. No. 481 of 2008). | The S.I. provides for penalties for breach of a Council Regulation which restricts the export of certain goods and technologies to Iran (connected with preventing nuclear proliferation), and was not considered significant in accordance with RIA guidelines. No RIA was undertaken. |
| Proposal for a Directive of the European Parliament and of the Council on simplifying terms and conditions of transfers of defence-related products within the Community. | The purpose of the proposed Directive is to reduce the regulatory burden on business through the simplification of the export licensing regime relating to transfers of defence-related products within the Community and was not considered significant in accordance with RIA guidelines. No RIA was undertaken. |
| Proposal for a Directive of the European Parliament and of the Council establishing a framework for the setting of eco-design requirements for energy related products. | A Screening RIA is under way on this proposal. It is expected that a Full RIA will not be necessary. The proposal recasts and expands somewhat the scope of an existing Directive on which a Screening RIA was carried out — Directive 2005/32/EC of the European Parliament and of the Council of 6 July, 2005, which establishes a framework for the setting of eco-design requirements for energy-using products. |
| European Communities (Supplementary Protection Certificate) Regulations 2008. (S.I. No. 307 of 2008). | These Regulations are required to give full effect to Regulation (EC) No. 1901/2006 of the European Parliament and of the Council in Irish legislation, with effect from 26 July 2008. This EC Regulation had immediate effect under Irish legislation, hence a RIA was not required. No RIA was undertaken. |
| European Communities (Compulsory Licensing of Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries With Public Health Problems) Regulations 2008. (S.I. No. 408 of 2008). | These Regulations are required to give full effect to Regulation (EC) No. 816/2006 of the European Parliament and of the Council, in Irish legislation.The Regulations laid down procedural requirements which apply to applications for a compulsory license of a patent relating to the manufacture of pharmaceutical products for export to countries with public health problems. This EC Regulation had immediate effect under Irish legislation, hence a RIA was not required. No RIA was undertaken. |
| Copyright andRelated Rights (Register of Licensing Bodies for Performers' Property Rights) Regulations 2008 (S.I. No. 306 of 2008). | Not considered "significant" in accordance with RIA guidelines so no RIA undertaken. |
| Proposal for a European Parliament and Council Directive amending Directive 2006/116/EC on the term of protection of copyright and certain related rights. | Preparation of Screening RIA has commenced. |
| Industrial Development Bill 2008 | This Bill does not introduce any new regulation and does not affect existing regulations or parliamentary control of expenditure, as it seeks to update technical provisions. Accordingly it is not considered "significant" in accordance with RIA guidelines so no RIA has been undertaken. |
| Proposal for a Directive of the EP and of the Council on machinery for pesticide application, amending Directive 2006/42/EC of 17 May 2006 on machinery. | A Screening RIA was carried out but it was decided a Full RIA was not required because the proposal will not have any significant impact or cost. |
| European Communities (Cooperation between National Authorities Responsible for The Enforcement of Consumer Protection Laws) (Amendment)Regulations 2008. (S.I. No. 316 of 2008). | These Regulations add two additional competent authorities to the list covered by the Regulation. This is a requirement of the Consumer Protection Cooperation Regulation. Therefore, not considered "significant" in accordance with RIA guidelines so no RIA was undertaken.The Consumer Protection Co-operation (CPC) Regulation (EC) No 2006/2004 provides for cooperation between national authorities responsible for the enforcement of consumer protection laws. The CPC system is the on-line method of communication between the designated Single Liaison Offices and Competent Authorities, in each of the Member States, who have responsibility for certain aspects of 16 Directives that protect consumers' interests. |
| European Communities (Single-Member Private Limited Companies) (Amendment) Regulations 2008. (S.I. No 348 of 2008). | The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken. |
| Companies (Forms) Regulations 2008. (S.I. No. 349 of 2008). | The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken. |
| Companies Forms Order. (S.I. No 350 of 2008). | The purpose of this S.I. is to amend and update forms for use in the Companies Registration Office and was not considered significant in accordance with RIA guidelines. No RIA was undertaken. |
| Proposal for a Directive of the European Parliament and of the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS). | On 24 July 2008, the EU Commission published its proposals for most of the elements of what is known as the "UCITS IV" regime, with an announcement that a final element would be brought forward by November on receipt of technical advice from an EU expert group. The French Presidency identified this package as a key priority for their Presidency. The tight negotiating timeframe did not lend itself to a formal RIA process so no RIA was undertaken. |
| Industrial Relations (Amendment) Bill 2008 | A Screening RIA was carried out and it was decided not to carry out a full RIA, as significant impacts under the relevant headings were not identified in the Screening process. |
| Safety, Health and Welfare at Work (Construction) (Amendment) (No. 2) Regulations 2008. (S.I. No. 423 of 1008). | A Screening RIA was carried out. As these Regulations amended the Safety, Health and Welfare at Work (Construction) Regulations 2006 (S.I. 504 of 2006) the RIA produced is an addendum to the RIA produced prior to the 2006 Regulations being signed. |
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