Tuesday, 23 July 2019

Questions (2171)

Catherine Connolly


2171. Deputy Catherine Connolly asked the Minister for Communications, Climate Action and Environment the number of reviews carried out by his Department pursuant to Standing Order No. 164A of Dáil Éireann; the pieces of legislation to which each review refers; the number and title of each piece of legislation in respect of which a review pursuant to Standing Order 164A has not been undertaken; and if he will make a statement on the matter. [31625/19]

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Written answers (Question to Communications)

There have been two post enactment reports published by my Department, the details of which are as follows:-

Post Enactment Reports Published

Date of Publication

Post Enactment Report on Energy Act 2016

24 July 2017

Post Enactment Scrutiny Report on Communications Regulation (Postal Services) (Amendment) Act 2017

17 May 2018

The following legislation has not yet had post-enactment scrutiny undertaken:



ESB (Electronic Communications Networks) Act 2014 (No. 5 of 2014)

A formal review of the enactment will be undertaken.

Communications Regulation (Postal Services) (Amendment) Act 2015 (No. 20 of 2015)

A formal review of the enactment will be undertaken.

Petroleum (Exploration and Extraction) Safety Act 2015 (No. 26 of 2015)

A formal review of the enactment will be undertaken.

Climate Action and Low Carbon Development Act 2015 (No.46 of 2015)

Although no post enactment report has been provided to the Oireachtas, Action 4 of the Climate Action Plan 2019 commits to the publication of a Climate Action (Amendment) Bill by the end of Q1 2020.

Petroleum and Other Minerals Development (Prohibition of Onshore Hydraulic Fracturing) Act 2017 (No. 15 of 2017)

A formal review of the enactment will be undertaken.

Inland Fisheries (Amendment) Act 2017 (No. 16 of 2017)

This legislation was enacted to address a minor technical oversight in the Inland Fisheries Act 2010.

Following a significant period of operation of the amended 2010 Act, the Department consulted with Inland Fisheries Ireland who have confirmed that the 2010 Act is now operating fully as originally intended. A formal review of the enactment, pursuant to Standing Order 164A, is currently underway and will be completed shortly.

Minerals Development Act 2017 (No. 23 of 2017)

This Act has not yet been commenced.

Radiological Protection (Amendment) Act 2018 (No. 8 of 2018)

A formal review of the enactment will be undertaken.

Telecommunications Services (Ducting and Cables) Act 2018 (No. 4 of 2018)

This Act has not yet been commenced.

The primary purpose of post-enactment scrutiny is to ascertain whether the legislation has achieved the original policy objectives. In some instances it may take longer than the 12 month timeframe to determine this. The Oireachtas Library and Research Service’s spotlight report also highlights that it may be inappropriate to carry out post-enactment scrutiny until a substantive amount of time has passed and that that period may justifiably differ depending on the Act in question.

Questions Nos. 2172 to 2174, inclusive, answered with Question No. 2168.