Written answers

Tuesday, 2 February 2010

Department of Enterprise, Trade and Employment

EU Directives

12:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 108: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the position regarding and timeframe for the transposition of the Services Directive; and if she will make a statement on the matter. [4835/10]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The Regulations to bring the Services Directive into law are well advanced but not yet ready for signature. My Department is working with the Office of Parliamentary Counsel with a view to completing the legislation as soon as possible. This will involve, mainly but not exclusively, ensuring that the provisions of the Directive are reflected in the transposing instrument.

The timeframe for the completion of the legislative work is difficult to say but it will take a number of months. The Services Directive affects almost every service - a small number are excluded from its scope - and affects almost every Department. Consequently, there will be considerable inter-departmental input into the process to ensure consistency between the transposing Regulations and other legislation covering services administered by a range of Departments.

The draft Regulatory Impact Analysis (RIA) will have to be updated and approved by the Government for publication when the Regulations have been completed and before they are signed into law.

The Directive is unusual in that the transposition process involves a great deal of administrative work as well as legal drafting. The work is detailed and technical. Among the administrative and technical features of the transposition process has been the creation of a point of single contact to allow service providers from this and other Member States to set up a business here. The point of single contact is now operational.

I am pleased to say that the administrative work, although not complete, has reached a point where the Directive can be applied administratively, to a considerable extent, ahead of the coming into force of the legislation. My Department will be advising the European Commission, the other Member States, other Departments and stakeholders in the next few days that the Directive is to all intents and purposes largely operational and that Ireland is broadly applying its provisions in advance of formal transposition.

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