Tuesday, 23 July 2019

Questions (278)

Catherine Connolly


278. Deputy Catherine Connolly asked the Minister for Public Expenditure and Reform the number of reviews carried out by his Department pursuant to Standing Order 164A of Dáil Éireann; the 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. [31635/19]

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Written answers (Question to Public)

The position in respect of post-enactment reports varies according to the nature of the legislation in question. The position since 2016 is set out below.

The Appropriation Act is an annual Act required to provide authorisation in law for all the expenditure that has been undertaken in a given year on the basis of the estimates and to provide legal basis for spending to continue in the year following. The Appropriation Act is exempted in terms of Standing Order 164A.

The Financial Emergency Measures in the Public Interest (FEMPI) legislation makes provision for the Minister for Public Expenditure and Reform to submit annual reports by the end of June each year on the findings of a review of the operation, effectiveness and impact of the legislation, which encompasses the Public Service Pay and Pensions Act 2017. Reports have been submitted to the Oireachtas every year from 2012 to 2019.

The Regulation of Lobbying Act 2015 provided that the Minister for Public Expenditure and Reform would commence a review of the operation of the Act 12 months after enactment, and make a report to each House of the Oireachtas. The first review of the Act was submitted to the Oireachtas and published in April 2017. Further details are available at the following link: https://www.gov.ie/pdf/7756/?page=1.

The Protected Disclosures Act 2014 was commenced in full on 15 July 2014. As mandated by section 2, the first statutory review of the Act’s operation was published in July 2018 and can be accessed at the following link: https://www.gov.ie/pdf/?file=https://assets.gov.ie/3750/051218105136-8df038b13a654f8d8408495c167444e9.pdf#page=1

The Statute Law Revision Act 2016 was commenced in full on enactment. Its sole purpose was to repeal archaic pre-independence legislation. As such there is nothing to review, as all of the Statute Law Revision Acts do not “operate” in a meaningful sense. Their entire purpose of repealing other legislation was fulfilled on the day of enactment.

The legislation passed by the current Dáil in respect of which reviews pursuant to Standing Order 164A have not been undertaken are the Ministers and Secretaries Act 2017 and the National Shared Services Office Act 2017.