Barry Cowen (Laois-Offaly, Fianna Fail)
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193. To ask the Minister for Jobs, Enterprise and Innovation if he is drafting legislation or a statutory instrument to transpose the European Union physical agents directive (EMF) 2004/40/EC; if his Department or the Health and Safety Authority have consulted with the relevant professional bodies in the medical field, such as the Irish Association of Physicists in Medicine, as the transposition of this directive may have a significant impact on the operation and use of magnetic resonance imaging, MRI, scanners; the outcome of these consultations; if a working group has been formed to examine this issue, in view of the transposition deadline is 1 July 2016. [41662/15]

Gerald Nash (Louth, Labour)
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There has been no legislation or statutory instrument drafted to transpose the provisions of Directive 2004/40/EC of the European Parliament and of the Council on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) into Irish law. This Directive has now been replaced by a new Directive [Council Directive 2013/35/EU of 26 June 2013] with revised exposure limit values which are higher than those set out in Directive 2004/40/EC but in line with scientific evidence. In addition, conditional exemptions are allowed for the use and development of magnetic resonance imaging (MRI), which will remain subject to the general EMF risk management requirements and will be covered by the new Directive.

The Deputy should note that Directive 2004/40/EC was not transposed into national law nor was it transposed into national law in the majority of the EU Member States as its requirements were considered unnecessarily burdensome especially as regards the use of MRI equipment in the healthcare sector. As no draft text for transposition purposes was produced no direct consultation was undertaken in regard to Directive 2004/40/EC.

Directive 2013/35/EU on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (electromagnetic fields) has a transposition deadline of 1 July 2016. The Health and Safety Authority (HSA) is the agency with responsibility for enforcing the measures which will give effect to this Directive in Ireland.

As part of the transposition process the Authority prepared a Regulatory Impact Assessment and this together with a set of draft Regulations was made available on the HSA website as part of a public consultation in June/July 2015. At that time the Authority contacted members of the Irish Association of Physicists in Medicine to inform them of the public consultation.

The Authority has now in accordance with the provisions of section 57 of the Safety, Health and Welfare at Work Act 2005, produced a draft set of Regulations which are being scrutinised by departmental officials in advance of settlement by legal counsel. I am satisfied that the consultation process engaged in by the HSA was sufficient to gain an understanding of the issues arising.