Dáil Éireann Debate, Thursday - 10 November 2016
330. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the regulatory processes, statutory and non-statutory, in place to assess the economic impacts of all new regulations on business; and if she will make a statement on the matter. [34323/16]
Amharc ar fhreagraGood regulation aims to provide a stable base for economic activity and a level playing field for business, while also protecting workers, consumers and the environment. Better Regulation Policy aims to ensure that the processes for generating new regulation, and for evaluating existing regulation, are as effective and efficient as possible. Regulation should achieve the policy goals underpinning it in the least costly manner possible, without undermining the protections that regulation provides.
A Government decision in April 2012 outlined the assignment of lead responsibility in respect of various functions in the regulatory area across a number of relevant departments. The functions assigned to my Department are reducing red tape/administrative burden; competition issues, and representing Ireland at EU/OECD/International fora. Lead responsibility for Regulatory Impact Assessment (RIA) rests with the Department of Public Expenditure and Reform, while the Department of the Taoiseach has lead responsibility for Effectiveness of Regulators. Lead responsibility for transparency/quality of legislation lies with the Department of the Taoiseach (Cabinet Secretariat), and the Attorney General’s office.
The principal tool for assessing impacts, including economic impacts, of new regulation is the Regulatory Impact Assessment (RIA). As outlined in the 2009 Revised RIA Guidelines, the RIA is used by all Government Departments and Offices and applies to proposals for primary legislation involving changes to the regulatory framework, significant Statutory Instruments; proposals for EU Directives and significant EU Regulations when they are published by the European Commission; Policy Review Groups bringing forward proposals for legislation are also expected to carry out RIAs. In addition, where legislative proposals are to be considered by Cabinet Committees, RIAs should be prepared by Departments, for consideration by relevant Senior Officials' Groups, prior to their discussion by such Committees.
According to the 2009 Revised RIA Guidelines, it is not compulsory to apply RIA to the Finance Bill, and emergency, security and some criminal legislation. Other circumstances in which the RIA need not be used include the case of a regulatory proposal consolidating existing legislation and where no regulatory changes are being introduced; if legislation is drafted as a result of a court decision which leaves no discretion to consider alternative options or allow for meaningful consultation; where primary legislation is required to ratify international treaties which the Government has already signed up to and the proposed legislation does not go beyond the Treaty provisions and is only ratifying the Treaty – though if there are additional regulatory requirements then an RIA should be produced.
