Written answers

Thursday, 26 March 2015

Department of Social Protection

Legislative Process

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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52. To ask the Minister for Social Protection the number of pieces of legislation that were submitted for pre-legislative scrutiny by her Department since 2011; her plans to allow pre-legislative scrutiny for any upcoming pieces of legislation from her Department; and if she will make a statement on the matter. [12419/15]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Government approved an expansion and reinforcement of the arrangements for pre-legislative scrutiny in September 2013. A number of new Standing Orders were adopted by the Dáil on 17 October 2013 in order to underpin these new arrangements and these Standing Orders came into effect on 5 November 2013.

In order to clarify the operation of these new Standing Orders, an Agreed Protocol for Pre-Legislative Scrutiny of the Heads of Bills by Oireachtas Committees was published in September 2014. This Agreed Protocol provides that certain Bills are exempted from the requirements for pre-legislative scrutiny, including Bills which are required to implement Budget changes such as the Finance Bill and the Social Welfare Bill, “emergency” Bills and Bills that were at an advanced stage of drafting at the time the Standing Orders were adopted.

The Heads of the Gender Recognition Bill were referred to the Joint Oireachtas Committee on Education and Social Protection for pre-legislative scrutiny in July 2013. Following consideration of the Heads the Joint Oireachtas Committee issued its report in January 2014. The Bill passed all stages in the Seanad in February 2015 and passed Second Stage in the Dáil in March 2015. The Dáil Committee Stage of the Bill has been deferred until later in the year.

The other Bills which I have initiated since September 2013 fall into the categories of Bills exempted under the Agreed Protocol from the requirements for pre-legislative scrutiny. These include the Social Welfare Bills enacting provisions arising from Budgets 2014 and 2015 and the Civil Registration (Amendment) Bill 2014 which was at an advanced stage of drafting at the time the Standing Orders came into effect.

Future Bills initiated by my Department will be subject to the agreed Protocol for Pre-Legislative Scrutiny of Heads of Bills by Oireachtas Committees.

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