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Legislative Process RIA

Dáil Éireann Debate, Thursday - 19 December 2013

Thursday, 19 December 2013

Questions (186)

Lucinda Creighton

Question:

186. Deputy Lucinda Creighton asked the Minister for Social Protection the total number of Bills that have been published by her Department since she was appointed Minister; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the total number of promised Bills for publication; if she will list the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the Bill; and if she will make a statement on the matter. [55134/13]

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Written answers

I have published seven Bills since taking office. To date, six of these have been enacted. Details are set out in the following table.

Regulatory Impact Assessments (RIAs) are not ordinarily undertaken in relation to the package of measures announced in the annual Budget Day Statements or similar packages of measures. Accordingly, a RIA was not considered necessary in the case of the Social Welfare Act 2011 and the Social Welfare Act 2012, both of which enacted social welfare measures announced in the 2012 and 2013 Budgets, respectively. A RIA was not considered necessary in the case of the social welfare measures contained in the Social Welfare and Pensions Act 2011, the Social Welfare and Pensions Act 2012, the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 and the Social Welfare and Pensions (No.2) Bill 2013 as these measures either implemented budgetary decisions or made miscellaneous amendments to the social welfare code which were not considered amenable to the undertaking of a RIA.

The Social Welfare and Pensions Acts of 2011 and 2012 and the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 also amended the provisions of the Pensions Act 1990.

Part 4 of the Social Welfare and Pensions Act 2011 transposed Article 17 of Directive 2003/41/EC on the Activities and Supervision of Institutions for Occupational Retirement Provision (IORPS Directive) relating to the regulation of occupational pensions. However, as the types of pension scheme envisaged in Article 17 are not operated in Ireland, a RIA was not considered feasible in relation to these provisions.

Part 3 of the Social Welfare and Pensions Act 2012 amended the Funding Standard applying to defined benefit pension schemes. A RIA undertaken on these amendments has been published and is available at http://www.welfare.ie/en/downloads/riapension.pdf.

Part 4 of the Social Welfare and Pension (Miscellaneous Provisions) Act 2013 implemented the recommendations of the Critical Review of the Pension Board. This review, which involved a public consultation process, was carried out under the Public Service Reform plan. This review is available at http://www.welfare.ie/en/pressoffice/pdf/Report-of-the-Critical-Review-23-April-2013.pdf.

With the publication of the Social Welfare and Pensions (no. 2) Bill the Department published a report by Mercer on the changes to occupational pensions. This is available at http://www.welfare.ie/en/downloads/Mercer-Review-of-Pension-Scheme-Wind-Up-Priority.pdf. This report undertook a detailed modelling exercise of different approaches to the changes to the order of priority given to the disbursement of assets when a defined benefit pension scheme winds up. A RIA was also undertaken but not published.

As the provisions contained in the Civil Registration (Amendment) Act 2012 to extend the list of bodies authorised to solemnise marriages were of a minor nature, a RIA was not considered necessary in the case of this Act.

I intend to publish the following four Bills in 2014:

- Social Welfare and Pensions Bill 2014

- Civil Registration (Amendment) Bill 2014

- Gender Recognition Bill 2014

- Social Welfare Bill 2014

Due to the nature of the Social Welfare and Pensions Bill 2014 and the Social Welfare Bill 2014 it is not planned that regulatory impact assessments will be prepared in respect of these Bills. Regulatory impact assessments will be considered in the context of the Civil Registration (Amendment) Bill 2014 and the Gender Recognition Bill 2014.

Bills Initiated by Minister for Social Protection since March 2011

Title of Bill

Status

RIA Undertaken

Social Welfare and Pensions Act 2011

Enacted 29th June 2011

Not considered necessary

Social Welfare Act 2011

Enacted 19th December 2011

Not considered necessary

Social Welfare and Pensions Act 2012

Enacted 1st May 2012

RIA undertaken on Part 3 of Act

Social Welfare Act 2012

Enacted 21st December 2012

Not considered necessary

Civil Registration (Amendment) Act 2012

Enacted 26th December 2012

Not considered necessary

Social Welfare and Pensions (Miscellaneous Provisions) Act 2013

Enacted 28th June 2013

Not considered necessary

Social Welfare and Pensions Act 2013

Enacted 9th November 2013

Not considered necessary

Social Welfare and Pensions (No.2) Bill 2013

Currently in the Oireachtas

RIA undertaken.

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