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Answer to Parliamentary Question - DAIL QUESTION.RTF

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					                                                                           DAIL QUESTION


                                                                              NO.




   To ask the Minister for Enterprise, Trade and Employment the number of regulatory impact
   assessments produced by his Department since the adoption of the policy by Government;
   the number of appropriate decisions made by his Department which did not include such
   assessments; the reason for same; and if he will make a statement on the matter.
                                                                            - Denis Naughten.


   *   For WRITTEN answer on Tuesday, 16th October, 2007.


   Identical Question(s): to all Depts.


   Ref No: 23907/07




                                           REPLY


Minister for Enterprise, Trade and Employment, (Mr. Martin)


Since the adoption of the policy by Government to carry out Regulatory Impact Assessments
on 21st June 2005, the following Regulatory Impact Assessments have been undertaken, or are
currently underway, within my Department:




   Regulatory Impact Assessments




   1. In the pilot phase of RIA, prior to its roll out across all Departments, a screening RIA
       was carried out in 2005 on the Control of Exports Bill.
2. A full RIA was carried out, under the aegis of the Company Law Review Group
   (CLRG), as an integral part of its review in the latter half of 2005 of Section 45 of the
   Companies (Auditing and Accounting) Act 2003.


3. A full RIA was completed on the Safety, Health and Welfare at Work (Construction)
   Regulations 2006.


4. A full impact assessment was undertaken by the ESRI on the proposed increases in the
   National Minimum Wage contained in S.I. No. 667 of 2006 - National Minimum Wage
   Act 2000 (National Minimum Hourly Rate of Pay) Order 2006.


5. A full RIA was carried out in respect of The Protection of Employment (Exceptional
   Collective Redundancies and Related Matters) Act 2007.


6. In advance of the publication of the Consumer Protection Bill, a screening RIA in
   relation to the legislation was conducted by my Department. All the provisions of the
   Consumer Protection Act with the exception of sections 48 and 49 were commenced in
   May 2007.     My Department is currently conducting a limited regulatory impact
   analysis in relation to certain aspects of sections 48 and 49.


7. A Screening RIA was undertaken on Regulations to implement Directive 2005/32/EC
   establishing a framework for the setting of ecodesign requirements for energy-using
   products (EUP). (SI 577 of 2007 - European Communities Ecodesign Requirements for
   Certain Energy-using Products Regulations 2007).




   A screening RIA conducted on the proposed draft Regulations concluded that there was
   no need to undertake a full RIA as the purpose of the new legislation was to consolidate
   three existing Regulations and to establish a national framework for future
   implementing measures proposed by the EU Commission. These new implementing
   measures, which will set out the eco-design requirements for specific energy-using
   products, will be subject to the regulatory impact assessment process.
   8. A screening RIA was carried out on the General Scheme of the Companies
      Consolidation and Reform Bill.



   9. A full RIA is being carried out on the Services Directive, which was adopted in
      December 2006 and which must be transposed into national law by 29 December 2009.




   10. A draft screening RIA was undertaken in the context of the negotiation of Directive
      2007/36/EC of the European Parliament and of the Council (“Shareholder’s Rights
      Directive”).




Appropriate decisions made by my Department which did not include such assessments


   1. The European Communities (Electromagnetic Compatibility) Regulations 2007
      transposed into Irish legislation Directive 2004/108/EC on the approximation of the
      laws of the Member States relating to electromagnetic compatibility. These
      Regulations were not subject to a Regulatory Impact Assessment as the Directive was
      published in the Official Journal of the European Union in December 2004, i.e. before
      the Government Decision of June 2005. The RIA process in regard to EU legislation is
      intended to apply to Directives before they are agreed at EU level.


   2. The European Communities (European Public Limited-Liability Company)(Employee
      Involvement) Regulations 2006 were signed into law on 14 December 2006 (S.I. No.
      623 of 2006). They transpose Directive 2001/86/EC of 8 October 2001 supplementing
      the Statute for a European Company with regard to the involvement of employees. This
      Directive also pre-dates the Government Decision of June 2005. Furthermore, these
      regulations were not deemed to be significant in accordance with published guidelines
      on RIA. The Social Partners were consulted in advance of the regulations being
      finalised.
3. The European Communities (European Cooperative Society) (Employee Involvement)
   Regulations 2006 were signed into law on 29 May 2007 (S.I. No. 259 of 2007). They
   transposed Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a
   European Cooperative Society with regard to the involvement of employees. This
   Directive also pre-dates the Government Decision of June 2005. Furthermore these
   regulations were not deemed to be significant in accordance with published guidelines
   on RIA. The Social Partners and relevant bodies were, however consulted in advance
   of the regulations being finalised.


4. The European Communities (Transnational Information and Consultation of
   Employees Act 1996) (Amendment) Regulations 2007 (S.I. No. 599 of 2007)
   transposed Directive 2006/109/EC of 20 November 2006: An RIA was not carried out
   in relation to these regulations as they were not deemed to be significant in accordance
   with published guidelines on RIA.




5. S.I. No. 8 of 2006. Industrial Relations Act 1990 (Code of Practice on Access to
   Part-Time Working) (Declaration) Order 2006: This Code of Practice was introduced
   in accordance with section 42 of the Industrial Relations Act 1990. That Section
   provides that the Labour Relations Commission shall prepare draft codes of practice
   concerning industrial relations for submission to the Minister, either on its own
   initiative or at the request of the Minister. Before submitting a draft code of practice to
   the Minister, the Commission must seek and consider the views of organisations
   representative of employers and organisations representative of workers, and such
   other bodies as the Commission considers appropriate. In these circumstances, given
   that the draft Code of Practice had been agreed by the Social Partners, it was not
   considered necessary to undertake a separate RIA.


6. S.I No. 239 of 2007) Industrial Relations Act 1990 (Code of Practice on for Protecting
   Persons Employed in Other People’s Homes)) (Declaration) Order 2007: This Code of
   Practice was introduced in accordance with section 42 of the Industrial Relations Act
   1990. That Section provides that the Labour Relations Commission shall prepare draft
   codes of practice concerning industrial relations for submission to the Minister, either
   on its own initiative or at the request of the Minister. Before submitting a draft code of
   practice to the Minister, the Commission must seek and consider the views of
   organisations representative of employers and organisations representative of workers,
   and such other bodies as the Commission considers appropriate. In these
   circumstances, given that the draft Code of Practice had been agreed by the Social
   Partners, it was not considered necessary to undertake a separate RIA.


7. Investment Funds, Companies and Miscellaneous Provisions Act 2006
   While a formal RIA was not undertaken, all appropriate considerations arising were
   brought to the attention of Government relating to each of the provisions contained in
   the Act.


8. A formal RIA was not undertaken on the Competition (Amendment) Act 2006.
   Consideration of the issues giving rise to this Act were in train prior to the
   Government’s decision of June 2005 relating to Regulatory Impact Analysis. On the 8th
   November, 2005 I published “The Restrictive Practices (Groceries) Order 1987 - A
   Review & Report of the Public Consultation Process" which is based on an evaluation
   and assessment of over 560 submissions received following a public consultation
   announced on 19 May 2005. The Report is also based on my own Department’s
   research and examination of the issues involved.

				
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