Written answers

Wednesday, 24 March 2021

Department of Public Expenditure and Reform

Legislative Process

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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526. To ask the Minister for Public Expenditure and Reform the details of the process through which his Department drafts and produces legislation; if his Department outsources the drafting of legislation; if so, the Bills for which the drafting was outsourced since he took office; and the costs associated with the drafting of each Bill. [14425/21]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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The Department of Public Expenditure and Reform drafts and produces legislation in accordance with the procedures outlined in the Cabinet Handbook.  In particular, Chapter 4 sets out the procedures to be followed in respect of proposals for new legislation.

In broad terms, the Department develops policy proposals subject, where necessary, to prior Government approval.  The proposals are then formulated as a General Scheme for the proposed Bill in numbered heads comprising instructions for drafting and explanatory notes.  Subject to prior consultation with the Office of the Attorney General and any other interested Departments, the General Scheme is then presented to Government for approval to draft.  If a General Scheme receives such approval, it is then referred to the Office of the Attorney General for the Bill to be drafted by the Office of Parliamentary Counsel to the Government.  The assignment of a Parliamentary Draftsperson to convert the General Scheme of a Bill into draft legislation as part of this overall process is a matter for the Office of Parliamentary Counsel and is not outsourced by the Department.

Once the final Bill has been published, the matter is subsequently progressed via the Houses of the Oireachtas.

It should be noted that the procedures set out in Chapter 4 of the Cabinet Handbook do not apply to certain types of proposed legislation, including the Appropriation Bill.

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