Written answers

Thursday, 19 December 2013

Department of Defence

Legislative Process RIA

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Independent)
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281. To ask the Minister for Defence the total number of Bills that have been published by his Department since he was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if he will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if he will make a statement on the matter. [55125/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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My Department has published the following bills since my appointment as Minister for Defence in March 2011: 1. Defence (Amendment) Act 2011 – The Act provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. It also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available. 2. Civil Defence Act 2012 - This Act repealed the Civil Defence Act 2002, dissolved the Civil Defence Board and transferred its functions, property, rights, liabilities and other responsibilities back to the Department of Defence. 3. Defence Forces (Second World War Amnesty and Immunity) Act 2012 - The Act provides for the granting of an amnesty and apology to those members of the Defence Forces who served with forces fighting on the Allied sideduringWorld War IIand who were subsequently found guilty by a military tribunal or who were dismissed from the Defence Forces pursuant to the provisions of the Emergency Powers (No. 362) Order 1945. In addition, it also provides immunity from prosecution, to those who were, or who still are, liable to be prosecuted for desertion or being absent without leave.

There have been no Regulatory Impact Assessments carried out by my Department since March 2011. The Department of Defence is not a regulatory authority as commonly understood. The Defence Acts and Regulations made thereunder are for the most part, focused on the Defence Forces only and do not apply to the ordinary citizen or to business. Notwithstanding this, the Department applies the principles set out in the Regulatory Impact Assessment (RIA) Guidelines issued by the Department of the Taoiseach where appropriate. The following proposed Bills are included on the Government Legislation Programme for publication during 2014: 1. Defence (Amendment) (Discipline) Bill – This Bill will amend the remaining provisions of Part V of the Defence Act, 1954 in relation to disciplinary and certain other matters. 2. Red Cross (Amendment) Act – This Bill will repeal the 1938 Red Cross Act and ancillary legislation and put in place a new legal framework for the Irish Red Cross Society. 3. Defence (Amendment) Bill – This Bill will provide for further revision of the Defence (Amendment) Act 2006, to specify certain preparatory activities associated with the despatch of personnel overseas which can take place in advance of a United Nations Security Council Resolution. Further to the above, my Department has no plans to publish Regulatory Impact Assessments in respect of any of the above Bills.

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