Tommy Broughan (Dublin Bay North, Independent)
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161. To ask the Taoiseach if recent suggestions from a person (details supplied) that proposed Government legislation should be assessed for its likely impact on litigation have been given consideration; and his plans for a legislation impact assessment for all Government and Private Members' legislation. [43170/18]

Leo Varadkar (Dublin West, Fine Gael)
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A significant amount of work is done on Government Bills before publication of the scheme of a Bill is approved by Government. This would include such measures as consultation with stakeholders, investigation of unintended consequences, examining financial implications for proposals, checking compatibility with the Constitution, EU law and international obligations. Where necessary and appropriate it would also include consideration of the impact a piece of legislation might have on the work of the courts.

Following approval by Government, the scheme is then sent for pre legislative scrutiny by the relevant Joint Oireachtas Committee before being drafted by the Office of the Parliamentary Counsel to the Government and then published.

Following discussions between a liaison group of officials from all Departments and the Courts Service the need for consideration of the possible impact of draft legislation on the courts has been reaffirmed. The Courts Service has offered to provide advice and assistance on understanding any technical issues or operational impacts on the courts.

Arrangements to facilitate liaison between Departments and the Courts Service during the early stages of drafting are in train.

Private Members’ Bills are not the responsibility of Government and are not subject to the same detailed scrutiny process as Government Bills. Under Dáil Standing Order 141(2) scrutiny of Private Members’ Bills is a matter for the relevant Select Committee.

In an effort to improve the quality of Private Members’ Bills, a Memorandum of Understanding (MoU) between the Dáil and the Government on the procedure for consideration of PMBs has been agreed by Government and the Dáil Reform Committee. The Standing Orders to underpin the MOU are being developed by the Oireachtas for final agreement by the Sub Committee on Dáil Reform before being scheduled for agreement by the Dáil.

The MoU, when agreed, confirms a new procedure whereby PMBs will undergo detailed scrutiny in advance of Committee Stage in exchange for a response from Government on whether a money message will issue or not.