Written answers
Tuesday, 16 December 2008
Department of Finance
Regulatory Impact Analyses
9:00 pm
Leo Varadkar (Dublin West, Fine Gael)
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Question 175: To ask the Minister for Finance 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. [46069/08]
Leo Varadkar (Dublin West, Fine Gael)
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Question 176: To ask the Minister for Finance 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. [46084/08]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 175 and 176 together.
As a result of a Government decision on 21 June 2005, Regulatory Impact Analysis must be conducted on all proposals for primary legislation involving changes to the regulatory framework (subject to some exceptions), significant Statutory Instruments and proposals for EU Directives and significant EU Regulations when they are published by the European Commission. In the period 1 June to date in 2008 no Screening Regulatory Impact Analysis or Regulatory Impact Analysis were undertaken. In relation to the Statutory Instruments, Bills and EU Directives as listed below, the reasons Regulatory Impact Analysis were not carried out range from the Statutory Instruments "not being categorised as 'significant', to being technical in nature or giving effect to legal provisions" already contained within the primary legislation. Regulatory Impact Analysis does not apply to Statutory Instruments made under the European Communities Act 1972, Financial Transfers Act 1992 and the Criminal Justice Terrorist Offences Act 2005 where those Statutory Instruments give effect to EU sanctions against persons and entities designated by EC Regulations as being associated with terrorist organisations or repressive regimes.
List of Statutory Instruments for which no RIA was carried out in the period 1 June — to date in 2008 | |
S.I. No. | Details |
516/2008 | Quality of Shellfish Waters (Transfer of Departmental Administration and Ministerial Functions) Order 2008 |
Not yet assigned | Youth Work (Transfer of Departmental Administration and Ministerial Functions) Order 2008 |
Not yet assigned | Youth Work (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2008 |
Not yet assigned | Young People's Facilities and Services Fund (Transfer of Departmental and Ministerial Functions) Order 2008 |
215 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.3) 2008 |
216 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008 |
236 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2008 |
237 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanction) Regulations (No.2) 2008 |
265 | European Communities (Iran) (Financial Sanctions) Regulations (No. 2) 2008 |
266 | Financial Transfers (Iran) (Prohibition) Order (No. 2) 2008 |
303 | European Communities (Liberia) (Financial Sanctions) Regulations 2008 |
304 | Financial Transfers (Liberia) (Prohibition) Order 2008 |
377 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008 |
378 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No.3) 2008 |
379 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.4) 2008 |
380 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.4) 2008 |
454 | European Communities (Zimbabwe) (Financial Sanctions) Regulations 2008 |
455 | Financial Transfers (Zimbabwe) (Prohibition) Order 2008 |
457 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.5) 2008 |
458 | Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No.5) 2008 |
473 | European Communities (Democratic Republic of Congo) (Financial Sanctions) Regulations 2008 |
476 | Financial Transfers (Democratic Republic of Congo) (Prohibition) Order 2008 |
474 | Financial Transfers (Liberia) (Prohibition) Order (No.2) 2008 |
475 | European Communities (Liberia) (Financial Sanctions) Regulations (No.2) 2008 |
In addition, as the Credit Institutions (Financial Support Bill 2008) and Credit Institutions (Financial Support) Scheme 2008 were introduced under Emergency legislation there was no requirement to carry our Regulatory Impact Assessment.
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