Niall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

136. To ask the Minister for Social Protection the legislative proposals published by his Department between 2011 to 2016 which underwent a regulatory impact assessment; the legislative proposals published by his Department that did not undergo a regulatory impact assessment; and if he will make a statement on the matter. [11158/17]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Regulatory Impact Analyses (RIAs) are undertaken by my Department in accordance with the relevant Department of the Taoiseach guidelines on significant legislative, policy and other changes.

A Regulatory Impact Analysis is not ordinarily undertaken on the package of tax, welfare and other measures announced in the annual Budget Day Statements. As most of the Social Welfare Bills provide for the implementation of various budgetary measures, RIAs are not considered necessary in relation to these measures. Social Welfare Bills also provide for a range of other miscellaneous and technical amendments to the social welfare code and these types of amendments are not considered amenable to the undertaking of a RIA.

Two RIAs have been published by my Department in the period 2011 to 2016. One of these RIAs relates to amendments to the funding standard applying to defined benefit pension schemes, which were provided for in Part 3 of the Social Welfare and Pensions Act 2012. This RIA is available at www.welfare.ie/en/downloads/riapension.pdf.

The other RIA relates to the measures to provide for the transposition of certain aspects of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as they relate to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The amendments necessary to transpose these provisions were contained in section 19 of the Social Welfare and Pensions Bill Act. This RIA is available at www.welfare.ie/en/downloads/RIADirective2010-41-EU.pdf.

The Bills published by my Department since 2011 are set out in the following table.

Niall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

137. To ask the Minister for Social Protection if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11173/17]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Regulatory Impact Analyses (RIAs) are undertaken by my Department in accordance with the relevant Department of the Taoiseach guidelines on significant legislative, policy and other changes.

In recent years two RIAs have been published by my Department. One of these RIAs relates to amendments to the funding standard applying to defined benefit pension schemes, which were provided for in Part 3 of the Social Welfare and Pensions Act 2012. This RIA is available at www.welfare.ie/en/downloads/riapension.pdf.

The other RIA relates to the measures to provide for the transposition of certain aspects of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as they relate to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The amendments necessary to transpose these provisions were contained in section 19 of the Social Welfare and Pensions Act 2014. This RIA is available at www.welfare.ie/en/downloads/RIADirective2010-41-EU.pdf.

It should be noted that the RIA guidelines state that the impact categories (national competitiveness, the socially excluded and vulnerable groups, the environment, whether there is a significant policy change in an economic market, including consumer and competition impacts, the rights of citizens, compliance burden and North-South and East-West Relations) are intended to be indicative only.

In respect of the provision in the Social Welfare and Pensions Act 2012, the format of the RIA was not based on the impact categories. However, a significant process of consultation was undertaken with relevant stakeholders in the pensions sector, employer representative organisations and trade unions. The RIA guidelines emphasise that consultation with relevant stakeholders is recommended as such stakeholders are usually well placed to outline both the direct and indirect consequences of the implementation of proposals.

In respect of the Social Welfare and Pensions Act 2014, the RIA on the social welfare provisions of Directive 2010/41/EU specifically considered the categories listed below:

- National competitiveness

- The socially excluded and vulnerable groups

- The environment

- Whether there is a significant policy change in an economic market, including consumer and competition impacts

- The rights of citizens

- Compliance burdens

- North-South and East-West Relations.

In addition, relevant stakeholders in the farming sector and women’s representative organisations were consulted.