Written answers
Thursday, 2 March 2017
Department of Public Expenditure and Reform
Legislative Process RIA
Niall Collins (Limerick County, Fianna Fail)
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165. To ask the Minister for Public Expenditure and Reform the legislative proposals published by his Department between 2011 to 2016 that 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. [11157/17]
Niall Collins (Limerick County, Fianna Fail)
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166. To ask the Minister for Public Expenditure and Reform 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. [11172/17]
Paschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 165 and 166 together.
In response to the Deputy's questions, the following table outlines the Bills published by my Department since it was established in 2011 and indicates whether a regulatory impact assessment was conducted.
| No. | Description | Regulatory Impact Assessment |
|---|---|---|
| 1 | Ministers and Secretaries (Amendment) Act 2011 | No |
| 2 | Appropriation Act 2011 | No |
| 3 | Financial Emergency Measures in the Public Interest (Amendment) Act 2011 | No |
| 4 | Statute Law Revision Act 2012 | Yes |
| 5 | Public Service Pensions (Single Scheme and Other Provisions) Act 2012 | No |
| 6 | Ombudsman (Amendment) Act 2012 | No |
| 7 | Appropriation Act 2012 | No |
| 8 | Houses of the Oireachtas Commission (Amendment) (No. 2) Act 2012 | No |
| 9 | Houses of the Oireachtas Commission (Amendment) Act 2013 | No |
| 10 | National Lottery Act 2013 | No |
| 11 | Financial Emergency Measures in the Public Interest Act 2013 | No |
| 12 | Ministers and Secretaries (Amendment) Act 2013 | No |
| 13 | Houses of the Oireachtas (Inquiries, Privilege and Procedures) Act | No |
| 14 | Construction Contracts Act 2013 | Yes |
| 15 | Appropriation Act 2013 | No |
| 16 | Public Service Management (Recruitment and Appointments)(Amendment) Act 2013 | No |
| 17 | Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 | No |
| 18 | Protected Disclosures Act 2014 | Yes |
| 19 | Freedom of Information Act 2014 | Yes |
| 20 | Appropriation Act 2014 | No |
| 21 | Regulation of Lobbying Act 2015 | Yes |
| 22 | Valuation (Amendment) Act 2015 | No |
| 23 | Statute Law Revision Act 2015 | Yes |
| 24 | Houses of the Oireachtas (Appointments to Certain Offices) Act 2015 | No |
| 25 | Financial Emergency Measures in the Public Interest (Amendment) Act 2015 | Yes |
| 26 | Public Sector Standards Bill 2015 | Yes |
| 27 | Appropriation Act 2015 | No |
| 28 | Houses of the Oireachtas Commission (Amendment) Act 2015 | No |
| 29 | Statute Law Revision Bill (No. 2) 2015 | No |
| 30 | National Shared Services Office Bill | Yes |
| 31 | Appropriation Act 2016 | No |
The Regulatory Impact Assessments for legislative proposals published by my Department were outlined in the reply to PQ 9426 on 23 February, 2017:
| Name of Bill / Act | Website Address |
|---|---|
| Protected Disclosures Act 2014 | www.per.gov.ie/wp-content/uploads/Protected-Disclosures-Bill-2013-Regulatory-Impact-Assessment.pdf |
| Freedom of Information Act 2014 | www.per.gov.ie/wp-content/uploads/RIA-FOI.pdf |
| Regulation of Lobbying Act 2015 | www.per.gov.ie/en/regulation-of-lobbying/ |
| Public Sector Standards Bill 2015 | www.per.gov.ie/en/public-sector-standards-bill/ |
The factors outlined in the question were considered while conducting the regulatory impact assessments in relation to the Protected Disclosures Act 2014, Freedom of Information Act 2014 and the Public Sector Standards Bill 2015. The regulatory impact analysis for the Regulation of Lobbying Act 2014 did not include the factors outlined in the question. The impact of the legislation was evaluated in terms of being fair and balanced to all parties and the disclosure of information being proportionate not giving rise to an onerous administrative burden for lobbyists.
While a formal process of regulatory impact analysis was carried out on the above mentioned Acts, the principle of proportionate analysis and significance of the planned legislative change is always applied, and comprehensive analysis is carried out to ensure that policy options are explored and alternatives considered.
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