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Legislative Process RIA

Dáil Éireann Debate, Thursday - 2 March 2017

Thursday, 2 March 2017

Ceisteanna (137)

Niall Collins

Ceist:

137. Deputy Niall Collins asked the Minister for Social Protection if regulatory impact assessments for legislative proposals published by his Department include impacts (details supplied); the impact categories not included; and if he will make a statement on the matter. [11173/17]

Amharc ar fhreagra

Freagraí scríofa

Regulatory Impact Analyses (RIAs) are undertaken by my Department in accordance with the relevant Department of the Taoiseach guidelines on significant legislative, policy and other changes.

In recent years two RIAs have been published by my Department. One of these RIAs relates to amendments to the funding standard applying to defined benefit pension schemes, which were provided for in Part 3 of the Social Welfare and Pensions Act 2012. This RIA is available at www.welfare.ie/en/downloads/riapension.pdf.

The other RIA relates to the measures to provide for the transposition of certain aspects of Directive 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity, in so far as they relate to ensuring that the spouse or civil partner of a self-employed worker can benefit from social protection in accordance with national law. The amendments necessary to transpose these provisions were contained in section 19 of the Social Welfare and Pensions Act 2014. This RIA is available at www.welfare.ie/en/downloads/RIADirective2010-41-EU.pdf.

It should be noted that the RIA guidelines state that the impact categories (national competitiveness, the socially excluded and vulnerable groups, the environment, whether there is a significant policy change in an economic market, including consumer and competition impacts, the rights of citizens, compliance burden and North-South and East-West Relations) are intended to be indicative only.

In respect of the provision in the Social Welfare and Pensions Act 2012, the format of the RIA was not based on the impact categories. However, a significant process of consultation was undertaken with relevant stakeholders in the pensions sector, employer representative organisations and trade unions. The RIA guidelines emphasise that consultation with relevant stakeholders is recommended as such stakeholders are usually well placed to outline both the direct and indirect consequences of the implementation of proposals.

In respect of the Social Welfare and Pensions Act 2014, the RIA on the social welfare provisions of Directive 2010/41/EU specifically considered the categories listed below:

- National competitiveness

- The socially excluded and vulnerable groups

- The environment

- Whether there is a significant policy change in an economic market, including consumer and competition impacts

- The rights of citizens

- Compliance burdens

- North-South and East-West Relations.

In addition, relevant stakeholders in the farming sector and women’s representative organisations were consulted.

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