Finding A Way Through Ireland'S Regulatory Maze

3
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ECPR Conference: Regulation in an Age of Governance
FINDING A WAY THROUGH IRELANDS
REGULATORY MAZE
Peter C. Humphrey! "e#$ette M#%r! A$$e&M#r%e M'G#ur#$! ()e$
*erh)et #$+ Stephe$ We%r
,
I$t%tute )- Pu./%' A+m%$%tr#t%)$ 0Du./%$1
,. I$tr)+u't%)$
As with many other OECD countries !reland is "ursuing a "olicy of regulatory reform
with the twin socio#economic aims of im"roving$sustaining national %com"etitiveness
and economic growth& along with %"romoting inclusiveness and good government for all
citi'ens& (Regulating Better )**+ ". ,-. .his "a"er see/s to outline:
the develo"ment of the national regulatory reform agenda within the wider
conte0t of efforts to modernise "u1lic services in !reland2
the different "hases in the develo"ment of recent !rish regulatory "olicy and the
role of internal$e0ternal drivers2
the ne0t ste"s in moving this agenda forward including the need to ma" !reland3s
regulatory framewor/ and
some of the definitional conce"tual and o"erational challenges such a ma""ing
e0ercise entails.
4hile set in the s"ecific conte0t of !rish e0"erience it is antici"ated that this "a"er will
raise 1roader issues for discussion of relevance to regulatory reform efforts in other
5urisdictions.
2. Pu./%' er3%'e m)+er$%#t%)$
6ince ,77+ the !rish "u1lic service has 1een engaged u"on a long#term "rogramme of
"u1lic service modernisation also /nown as the 6trategic 8anagement !nitiative (68!-
1roadly along 9ew Pu1lic 8anagement (9P8- lines (see for e0am"le Pollitt and
:ouc/aert )**+-. !t can also 1e argued that in many ways !reland3s a""roach to
modernisation has 1een somewhat unremar/a1le. ;or e0am"le Pollitt ()**<- has recently
o1served %the case of !reland is not a very interesting one in the sense that the headline
reforms are a1solutely in the international mainstream&. =owever this may 1e somewhat
faint "raise 1ecause some as"ects of !reland3s a""roach have 1een distinctive "articularly
the ways in which these headlines have 1een im"lemented. ;or e0am"le modernisation
has 1een "rimarily driven 1y senior officials themselves rather than at ca1inet or
"arliamentary levels and has 1een ta/en forward within the conte0t of national#level
"artnershi" agreements 1etween government and the social "artners (see
htt":$$www.1ettergov.ie$-. ;or e0am"le verified "erformance against modernisation#
4hita/er 6chool of Government and 8anagement: !PA (Du1lin-
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. ECPR Conference: Regulation in an Age of Governance
lin/ed targets (including those relating to regulatory reform- has 1een a re>uirement for
centrally determined "u1lic sector "ay awards.
=owever 1ecause !rish "u1lic sector modernisation$reform has "rimarily 1een self#
driven gradualist and consensual in a""roach it would however 1e fair to characterise
"rogress to date on 1oth the general and regulatory agendas as having 1een less dramatic
and radical than in some other 5urisdictions. Effectively what senior managers have 1een
see/ing to do has 1een to 1oth "ush and steer the "rocess simultaneously. Even so
significant advances have 1een made. ;or e0am"le !reland has "ioneered the introduction
of 6trategy 6tatements 1y Government De"artments and their accounta1ility to the
Oireachtas (9ational Parliament- (6ee :oyle and ;leming )***-. A num1er of
inde"endent reviews have also indicated that while "rogress has 1een slow significant
advances have 1een made in the modernisation agenda over the "ast decade for e0am"le
"articularly in the area of >uality customer service (?C6- (see :oyle and =um"hreys
)**,2 P.A. Consulting )**)-.
4. 5Re+u'%$6 re+ t#pe
!t is within this "olicy conte0t that the national regulatory reform agenda has 1een ta/en
forward (htt":$$www.1etterregulation.ie$-. !nterestingly as will 1e seen later in this
"articular case reform has not 5ust 1een internally driven e0ternal "layers such as the
Organisation for Economic Coo"eration and Develo"ment (OECD- have also had a
significant "art to "lay in stimulating change in recent years. =owever initial efforts to
@reduce red ta"e3 were made within the conte0t of the 68! reform "rogramme.
!n Delivering Better Government (,77A- which remains the de facto agenda for
modernisation at the national level the em"hasis u"on regulatory reform was as follows.
%Regulatory sim"lification (which encom"asses legislation- has 1een recognised
internationally as an integral "art of any strategy to foster growth com"etitiveness and
em"loyment. .here is considera1le de1ate on the e0tent to which !reland and the
countries of the Euro"ean Bnion are or are not Cover#regulatedC relative to other
countries and regions. .he de1ate is a ve0ed one and involves social as well as economic
issues. 4hat is clear is that the regulatory environment is changing significantly. !n so far
as the Civil 6ervice is concerned it is changing from one where utilities are "rovided
directly 1y the "u1lic sector without com"etition to an environment of Civil 6ervice
regulation of the increasingly com"etitive "rovision of these services. Another issue to 1e
considered is the growing need for clarity 1etween the "rovision of a service and its
regulation "articularly where there is "otential for conflict of roles. .hese and other
changes underline the need for high#>uality easily understood and efficiently
im"lemented regulation where following e0amination regulation is deemed to 1e in the
"u1lic interest. A country which regulates 1adly "uts itself at a serious economic
disadvantage vis#D#vis its com"etitors& (" .,)-.
!n "lotting the way forward Delivering Better Government (,77A- recommended that
the "rinci"les of regulatory reform should 1e to:
im"rove the >uality rather than the >uantity of regulations2
Peter C. =um"hreys: E0ecutive Director # Research (!PA: Du1lin-
)
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eliminate unnecessary and$or inefficient regulations (including legislation-2
sim"lify necessary regulation and related "rocedures as much as "ossi1le2
lower the cost of regulatory com"liance2
ma/e regulations more accessi1le to the "u1lic while in each case "rotecting the
"u1lic interest.
!t recommended a series of measures as "art of a "rogramme of regulatory reform:
the introduction of national guidelines to im"rove the >uality of new regulations2
the develo"ment of self#regulatory mechanisms where feasi1le and effective2
the "utting in "lace of mechanisms for the review every five years of e0isting
regulations2
the com"ilation of data 1ases of e0isting regulations2
consideration of the im"act on em"loyment of all "ro"osed new regulations2
a more "roactive a""roach to develo"ing and im"lementing a coherent "olicy in
relation to regulation at Euro"ean Bnion level.
.o move forward with im"lementation an 68! 4or/ing Grou" on Regulatory Reform
was esta1lished. .he Grou" recommended a "rogramme of consolidation and codification
of e0isting legislation. .his would have the advantage of creating a more accessi1le 1ody
of legislation and of ensuring that the most recent Act contains reference to all the
legislative "rovisions in relation to the area it governs. !n this way each
de"artment$office would consider s"ecifically the issue of how it could @reduce red ta"e3
and introduce efficient and effective regulatory reform in its own case.
.he Grou"3s recommendations were endorsed 1y government and "u1lished as Reducing
Red Tape - An Action Programme of Regulatory Reform in Ireland (,777-. !n line with
the Action Programme the Government Procedures =and1oo/ was amended so that each
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"ro"osal for legislation is considered in the overall regulatory conte0t. Additionally a
6tatutory Eaw Revision and Consolidation Bnit was esta1lished in the Office of the
Attorney General which together with the De"artment of the .aoiseach has 1een
engaged u"on a "rogramme of revision consolidation and restatement of e0isting
legislation in consultation with all Government De"artments with a view to ma/ing them
more %user friendly and accessi1le& (see also :oyle ,777-. !n 8arch )*** the (then-
8inister for Pu1lic Enter"rise also "u1lished Policy Proposals on the Governance and
Accountability of the Regulatory Frameor! in the s"ecific areas of trans"ort energy and
communications (see also ;erris )**,-.
7. OECD t%mu/u
4hile the early regulatory focus in the 68! was mainly on administrative
sim"lification and the accessi1ility of legislation (i.e. @reducing red ta"e3- the overall
stimulus for change was greatly accelerated 1y the findings of the OECD Re"ort
()**,- Regulatory Reform in Ireland. !n addition to a series of challenging
recommendations the OECD concluded overall that %.he coming cycle in !rish
economic develo"ment 5ustifies a more coherent and determined a""roach to
regulatory reform than seen to date. !reland3s future strengths lie in continued attention
to domestic com"etitiveness through regulatory efficiency and fle0i1ility good
governance and com"etition "olicy. 6uccess will re>uire !reland to 1enchmar/ itself to
a higher standard than its neigh1ours that is to 1e a leader in regulatory reform. .o
s"eed u" results a 1road and co#ordinated a""roach across "roduct la1our and
financial mar/ets is needed with governance reforms& (".F-.
As "reviously indicated the 68! has 1een ta/en forward in !reland on a largely
consensual and gradualist 1asis. !t is within this conte0t that in ma/ing recommendations
regarding the management of the regulatory reform elements of this "rogramme the
OECD ()**,- ma/es the following "oints. %.he ne0t "olicy ste"s to 1e ta/en need to
focus on issues of sustaina1ility and the develo"ment of a ro1ust regulatory "olicy G
.hese efforts will re>uire a new "olitical commitment. Although its contri1ution has 1een
essential regulatory reform is not a "olitical @hot to"ic3 and some reforms lac/ the
e0ternal im"erative that is often needed to overcome internal resistance. =ence the
government will need to em"loy all its "ersuasive and communication s/ills necessary to
"ursue the regulatory reform agenda& (". ,*F-.
!n this conte0t it is also interesting to note that P.A. Consulting ()**)- in their
inde"endent assessment of "rogress made under the 68! made the following
o1servations: % G a central finding of this evaluation is that a shared understanding does
not e0ist across De"artments$Offices on what 1etter regulation$regulatory reform entails
G 4ith the e0ce"tion of the "rinci"al economic De"artments and some other
De"artments with a large legislative framewor/ there is little sense of the regulatory
reform agenda "ermeating through the system and 1ecoming an integral "art of what
de"artments do. .here are therefore ga"s in awareness of regulatory management and
institutional ca"acity& (".<,-. As a conse>uence P.A. Consulting ()**)- concluded that
%Regulatory Reform is at a less develo"ed stage than other com"onents of the
modernisation agenda& (". <+-.
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8. 5Re6u/#t%$6 9etter
!n res"onse to the OECD Re"ort the government agreed an Action Programme one
element of which was the esta1lishment of a =igh Eevel Grou" on Regulation that
com"rised senior officials from /ey government de"artments$offices and e0ternal
regulatory authorities. .his Grou" was as/ed to develo" and co#ordinate the :etter
Regulation agenda with "articular regard to the institutional and "olicy "ro"osals re>uired
on foot of the OECD Re"ort. .he Grou" was tas/ed to (a- develo" a system of
Regulatory !m"act Analysis (R!A-
)
(1- oversee the "roduction of a new national "olicy
statement or 4hite Pa"er on :etter Regulation and (c- "romote and monitor views in
"articular sectors. ;ollowing the "re"aration of a "u1lic consultation document 1y the
Grou" Toards Better Regulation ()**)- su1missions were received from a wide
variety of interests including social "artners regulatory 1odies government de"artments
state 1odies voluntary 1odies re"resentative associations "rivate enter"rises and
individuals.
!n the su1se>uent 4hite Pa"er Regulating Better ()**+- si0 "rinci"les of :etter
Regulation were identified and a detailed Action Programme set out. .hese "rinci"les
are:
"#ecessity: !s the regulation necessaryH Can we reduce red ta"e in this areaH Are
the rules and structures that govern this area still validH
$ffectiveness: !s the regulation "ro"erly targetedH !s it going to 1e "ro"erly
com"lied with and enforcedH
Proportionality: Are we satisfied that the advantages outweigh the disadvantages
of the regulationH !s there a smarter way of achieving the same goalH
Transparency: =ave we consulted with sta/eholders "rior to regulatingH !s the
regulation in this area clear and accessi1le to allH
Accounta1ility: !s it clear under the regulation "recisely who is res"onsi1le to
whom and for whatH !s there an effective a""eals "rocessH
%onsistency: 4ill the regulation give rise to anomalies and inconsistencies given
the other regulations that are already in "lace in this areaH Are we a""lying 1est
"ractice develo"ed in one area when regulating other areasH
.
A :etter Regulation Grou" (:RG- was also esta1lished to re"ort 1ac/ regularly to
Government on im"lementation of these actions 1y de"artments$offices and agencies.
.he introduction of Regulatory !m"act Analysis (R!A- was also a /ey commitment in
Regulating Better. .he im"etus for R!A can 1e traced 1ac/ to the inclusion of regulatory
reform as a central element of Delivering Better Government (,77A-. .he 4or/ing Grou"
esta1lished after the OECD Re"ort develo"ed a draft R!A model for the !rish conte0t in
)**). As "art of Regulating Better the government committed to the "iloting of this
model with a view to its su1se>uent introduction in all de"artments$offices
3
. .he "ilot
"rocess commenced in Iune )**+ with the following "artici"ating:
De"artment of =ealth and Children # &edical Practitioners Bill
De"artment of Iustice E>uality and Eaw Reform # %oroners Bill
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De"artment of Enter"rise .rade and Em"loyment # $'port %ontrol Bill
Office of the Revenue Commissioners # Betting Duty Regulations
De"artment of the Environment =eritage and Eocal Government # draft $(
Groundater Directive
;ollowing an evaluation of the "ilot e0"eriences a new two#"hase a""roach to R!A was
launched in Iuly )**< that is intended to 1e %"ro"ortionate fle0i1le and effective& (".<-.
+
:. A -r#6me$te+ /#$+'#pe;
Regulating Better ()**+- estimated that %there are over <** "u1lic agencies$1odies in
!reland many of which have a regulatory function J either as a @rule#ma/er3 or @rule#
enforcer3& (".,+-. Additionally Regulating Better ()**+- ma/es the commitment that:
where new sectoral regulators are "ro"osed they will 1e esta1lished only if the
re>uirement for a regulator can 1e clearly demonstrated and if res"onsi1ility for
the sector in >uestion cannot 1e assigned to an e0isting regulator2
the Government will assess on an ongoing 1asis the "ossi1ilities for
rationalisation of sectoral regulators including through the merger of e0isting
regulators and$or through the sharing of common services2 and
strengthened contacts 1etween the sectoral regulators the Office of the Director of
Consumer Affairs and the Com"etition Authority would 1e "romoted.
Essentially the Regulating Better ()**+- agenda commits the Government to ensuring
that the "otential for fragmentation and du"lication is minimised. =owever one of the
ma5or tas/s still needing to 1e tac/led nationally in rolling further forward the "rogramme
of regulatory reform is that of ma""ing !reland3s regulatory framewor/. =owever such an
e0ercise is not as straightforward as might first a""ear.
<. M#pp%$6 Ire/#$+ re6u/#t)ry -r#me=)r>
;or a start no one really /nows how many regulatory 1odies there are in !reland never
mind how they relate to each other. .hus while the headline figure in Regulating Better
()**+- of over <** "u1lic agencies$regulatory 1odies may 1e a reasona1le estimate an
authoritative data1ase containing relia1le information on "u1lic or indeed non#"u1lic
sector regulatory 1odies in !reland does not currently e0ist in !reland. 4ithout such 1asic
information the further "rogression of evidence 1ased "olicy develo"ment in the
regulatory area is handica""ed.
Ac/nowledging this shortcoming Regulating Better "ro"oses that %An audit of the
regulatory framewor/ in !reland will 1e underta/en which will ma" the various 1odies
and re"orting arrangements. !t will also "rovide information on the range and ty"e of
1odies in !reland with regulatory "owers # whether rule-ma!ers or rule-enforcers (".+3-.
<
!n terms of "otential 1enefits such a ma""ing e0ercise would "rovide:
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A way to highlight the range and sco"e of regulatory activity across the "u1lic
sector and there1y raise awareness of the a""lica1ility of the :etter Regulation
"rinci"les.
A source of information e.g. if "laced online with interactivity it could "rovide a
useful visual reference guide.
An in"ut to com"arison and 1enchmar/ing of !reland3s regulatory regime and
regulatory reform "rocess internationally.
An insight to current governance structures for regulatory activity in !reland.
At the outset the :RG identified the >uestion of definition as a core issue.
A

?. Wh#t % # re6u/#t)ry .)+y;
4ithout wishing to a""ear unduly sim"listic in order to ma" !reland regulatory
framewor/ an essential first ste" is to attain a satisfactory definition of what constitutes a
@regulatory 1ody3 for the "ur"oses of this e0ercise. !n order to meet the @satisfactory3
criterion such a definition would not only need to 1e as intellectually coherent as
"ossi1le in the light of e0isting research /nowledge 1ut also ca"a1le of 1eing
o"erationalised as well as 1eing %owned& 1y those tas/ed with moving the regulatory
reform forward. =owever such a 1alance can ta/e time to achieve.
;or a start even a cursory review of the literature indicates that there are a variety of
definitions of regulation currently em"loyed internationally for e0am"le:
.he OECD ()**+- definition of regulation is legislatively$administratively 1ased and
relates to a set of incentives esta1lished either 1y the legislature government or "u1lic
administration that mandates or "rohi1its actions of citi'ens and enter"rises covering
1oth "rimary and secondary legislation through which the government esta1lish
"arameters for the 1ehaviour of citi'ens and enter"rises.
Eowi3s (,7AA- definition em"hasises that regulatory decisions involve a direct choice
as to who will 1e indulged and who de"rived. 6o while im"lementation is case#1y#
case individual decision must 1e made 1y a""lication of general rules (mostly at the
sector level-.
8itnic/s3 (,7F)- definition of regulation focuses u"on the "u1lic administrative
"olicing of "rivate 1ehaviour according to rules and laws.
Additionally regulation may encom"ass three different levels of activity:
a- the transition of general "olicy and laws to more concrete rules norms and
standards where actors in "olicy fields have to com"ly with the issuing of
norms$standards and advising on this "rocess2
1- the a""lication of rules norms and standards in individual cases (e.g. allocating
1uilding "ermissions 1ased on construction laws- 1y the issuing of decisions on
individual cases and advising on decisions on individual cases and
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c- controlling com"liance to the rules norms and standards through monitoring
sanctioning enforcing and legal "owers as necessary. Of course not all regulatory
1odies would demonstrate all these >ualities while some 1odies may o"erate at
more than one level.
.ranslating such international definitions and conce"ts into the !rish conte0t of
Regulating Better ()**+- did not "rove to 1e straightforward given that the 4hite
Pa"er s"ea/s sim"ly of @rule#ma/ers3 and @rule#enforcers3
K
. Regulating Better ()**+-
ado"ts a li1eral rather than conservative definition of what constitutes a regulatory
1ody and a num1er of different ty"es and level of regulatory 1ody are identified
including:
Government De"artments$Offices generating either "rimary or secondary
legislation.
Eocal authorities
!nde"endent sectoral regulators such as ComReg (the communications regulator-
the Commission for Aviation Regulation the Commission for Energy Regulation
and the !rish ;inancial 6ervices Regulatory Authority (!;6RA-.
9on#commercial "u1lic sector 1odies under the aegis of de"artments$offices such
as the Office of the Director of Consumer Affairs the Com"etition Authority the
;ood 6afety Authority and the Censorshi"$A""eals :oards.
=owever if regulatory 1odies constitute "otentially all organisations that can e0ert
"owers over or im"ose 1urdens u"on other organisations and individuals then the
regulatory landsca"e is considera1ly wider. ;or e0am"le it includes not 5ust the
variety of "u1lic 1odies listed a1ove 1ut also an Garda 6LochMna (9ational Police
;orce- the =ealth 6ervices3 E0ecutive and so on. !t would also include non#"u1lic
sector 1odies "erforming "u1lic functions e.g. through the regulation$s"ecification of
standards$accreditation of "rofessional services. 6uch 1odies would include the Eaw
6ociety :ar Council and 8edical Council etc.
;ollowing sta/eholder consultation the definition used 1y =ood et al a""ears to "rovide
the 1est fit for this ma""ing e0ercise2 namely %Regulation encom"asses a range of
activities such as: (a- goal formulation rule#ma/ing and standard setting2 (1- monitoring
information#gathering scrutiny ins"ection audit and evaluation2 and (c- enforcement
1ehaviour modification and the a""lication of rewards and sanctions
F
. 4hile there may
1e other as"ects to the wor/ of regulators such as advocacy awareness raising or
education not covered 1y this definition these three as"ects would cover the core
regulatory functions of any given 1ody for the "ur"oses of :RG
7
. On this 1asis there
a""ear to 1e the following administrative ty"es of 1ody in !reland3s regulatory
landsca"e
,*
:
Public )ector Bodies
,,
: Oireachtas and government de"artments$offices other
central government 1odies the Defence ;orces and An Garda 6LochMna (9ational
Police ;orce- 5udicial 1odies local government$administration financial
institutions and state#s"onsored 1odies (see Anne0 One-.
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#on-Public )ector Bodies: including "rofessional health organisations "rivate
1odies (res"onsi1le for the organisation of standards- and voluntary 1odies that
may have an o"tional regulatory role (see Anne0 .wo-.
4hile these lists a""ear to 1e e0tensive they do reflect the "ragmatic view held 1y
"olicy ma/ers as to the definition of a %regulator& for the "ur"oses of su""orting :etter
Regulation. ;or e0am"le it was decided that 1odies largely involved in the
regulation$issuing grants are not to 1e included yet it could 1e argued that such 1odies
certainly o"erate as 1oth @rule#ma/ers3 and @rule#enforcers3.
@. Te$t#t%3e .e6%$$%$6
:y scanning the lists in Anne0es One and .wo it is "ossi1le to gain some initial
indication of the mi0 of regulatory 1odies o"erating in !reland currently. =owever such
lists 1eg more >uestions than they answer. ;or e0am"le they give no real indication of
the im"ortance however defined of the regulatory functions "erformed 1y these 1odies.
!n addition the 1odies listed are deli1erately limited in terms of geogra"hical sco"e. Net
the role of the EB and other Euro"ean$international regulators is a1solutely critical in so
many areas of !rish socio#economic activity. .hus any nationally underta/en ma""ing
e0ercise needs at least to 1e cogni'ant of such issues not least 1ecause the national
"arliament acts in "art at least as an entre"Ot for Euro"ean regulatory activity.
Des"ite 1est efforts the list of non#"u1lic sector 1odies may 1e un1alanced and
incom"lete "artly 1ecause of im"erfect /nowledge of these sectors. ;or e0am"le Anne0
.wo contains four "rofessional associations concerned alone with chiro"ody and
"odiatry. 4hile this reflects the reality of the current "osition in this small su1#sector it
might im"ly a dis"ro"ortionate "re#occu"ation of !rish "eo"le with their feet. Conversely
little is /nown a1out the alternative medicine sector and its regulation or lac/ of it.
Additionally inclusion of the .urf Clu1 for the horseracing sector in the lists should 1e
accom"anied 1y the e>uivalent governing 1odies for other s"orts. =owever where do
you draw the lineH .here are a "roliferation of "rofessional and amateur s"orting 1odies
in !reland all with a regulatory role for their s"orts: from the Gaelic Athletics Association
(GAA- and ;oot1all Association of !reland (;A!- to the more esoteric li/e =orseshoe
Pitchers Association of !reland and the :aton .wirling 6"ort Association of !reland.
.here are K< such 1odies affiliated to the ;ederation of !rish 6"orts all with a valid claim
to 1e included in the data1ase which they are not at "resent.
,A. NeBt tep
=aving o1tained consensus on a meaningful if im"erfect o"erational definition of
regulatory 1odies in !reland wor/ is now in hand to develo" a uni>ue national data1ase
for future analytical wor/. Once more after detailed consultation with /ey sta/eholders
the data1ase will contain the following fields:
!D num1er
Date of esta1lishment in current form
6tatutory$non#statutory 1asis for esta1lishment
9ame of 1ody
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Parent 1ody
Primary function (9ACE Rev. ,.,-
,)
Regulatory .as/s
Eevel of administration
4e1site
Contact details (for future follow#u"$survey wor/-
All information currently 1eing used to develo" the data1ase is from "u1lished sources.
.he use of secondary sources in this way should allow the ma""ing of regulatory 1odies
along the lines outlined a1ove in terms of their range and ty"e. :ased on "revious
e0"erience however the e0tent to which information on the governance arrangements
and$or the effectiveness with which the regulatory function is e0ercised is li/ely to 1e
limited from "u1lic domain sources.
Accordingly when the data1ase has 1een com"leted it is "ro"osed to ma" !reland3s
regulatory framewor/ not 5ust in terms of age functions tas/ etc. 1ut also in terms of
their inter#relationshi"s and the >uality of those relationshi"s. !t is "ro"osed to e0"lore
such inter#relationshi"s not 5ust in organisational terms 1ut also from a citi'en$victim
"ers"ective. As may 1e gathered this research is still very much @wor/ in "rogress3.
=owever it is ho"ed that sufficient issues have 1een raised of 1roader interest to fellow
researchers in the regulatory area as to stimulate some interesting >uestions for us all to
address.
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ANNEC ONED PU9LIC SECTOR REGULATORY 9ODIES
,. O%re#'ht# 0N#t%)$#/ P#r/%#me$t1
2. G)3er$me$t Dep#rtme$tD
Agriculture and ;ood
Arts 6"ort and .ourism
Communications 8arine and 9atural Resources
Community Rural and Gaeltacht Affairs
Defence
Education and 6cience
Enter"rise .rade and Em"loyment
Environment =eritage and Eocal Government
;inance
;oreign Affairs
=ealth and Children
Iustice E>uality and Eaw Reform
6ocial and ;amily Affairs
.aoiseach
.rans"ort
4. Other 'e$tr#/ 6)3er$me$t .)+%eD
Ado"tion :oard
Censorshi" of ;ilms A""eal :oard
Censorshi" of Pu1lications A""eal :oard
Censorshi" of Pu1lications :oard
CoimisinPir .eanga (Official Eanguages Commission-
Commissioners of Charita1le Donations Q :e>uests
Commission for Pu1lic 6ervice A""ointments
Com"anies Registration Office
Director of Pu1lic Prosecutions
Em"loyment A""eals .ri1unal
E>uality .ri1unal
;ilm Censor3s Office
!rish Auditing and Accounting 6u"ervisory Authority (!AA6A-
!rish 8edicines :oard
!rish .a/eover Panel
Ea1our Court
Ea1our Relations Commission
9ational Children3s Office
Office of the A""eals Commissioners
Office of the Attorney General
Office of the Com"troller and Auditor General
Office of the Director of Cor"orate Enforcement
,,
3
rd
Office of the Director of Consumer Affairs
Office of the Data Protection Commissioner
Office of the Om1udsman for Children
Office of the Om1udsman$!nformation Commissioner
Office of the Refugee A""lications Commissioner
Office of the Registrar of ;riendly 6ocieties
Office of the Revenue Commissioners
Patents Office
Pensions Om1udsman
Poisons Council
Private Residential .enancies :oard
Registration Council
Registration of .itle Rules Committee
Refugee A""eals .ri1unal
6heriffs 6ervice
6ocial 6ervices !ns"ectorate
6ocial 4elfare A""eals Office
6tandards in Pu1lic Office Commission
6tate E0aminations Commission
6tate Ea1oratory
Raluation Office$Raluation .ri1unal

7. De-e$'e #$+ e'ur%ty
Defence ;orces
Garda 6LochMna (9ational Police ;orce-
Garda 6Lochana Com"laints :oard
Garda 6Lochana Com"laints A""eal :oard
8. "u+%'%#/ .)+%eD
6u"reme Court
Court of Criminal A""eal
=igh Court
Central Criminal Court
6"ecial Criminal Court
Circuit Court
District Court
Circuit Court Rules Committee
Committee on Court Practice and Procedure
District Court Rules Committee
Criminal !n5uries Com"ensation .ri1unal
6u"erior Courts Rules Committee
:. L)'#/ 6)3er$me$t #$+ #+m%$%tr#t%)$D
,)
3
rd
:orough and .own Councils (F*-
Regional ;isheries :oards (K-
City Councils (<-
County Councils ()7-
=ar1our Authorities ()*-
<. He#/th 9)+%eD
:eaumont =os"ital
Cor/ .eaching =os"ital
Galway Regional =os"ital
8ater Bniversity$Private =os"itals
Our Eady3s =os"ital for 6ic/ Children
6t. Iames3$Adelaide$8eath$9ational Children3s =os"ital
6t. Rincent3s =os"ital
=ealth 6ervice E0ecutive
=ealth Protection 6urveillance Bnit
=ealth 6ervice Em"loyers Agency
=6E 9orth#East Area
9ational =os"itals Office
Office for =ealth 8anagement
?. St#te&Sp)$)re+ 9)+%eD
:ord Altranais (9ursing :oard-
:ord PleanMla (Planning :oard-
:roadcasting Commission of !reland (:C!-
:roadcasting Com"laints Commission
Central ;isheries :oard
Commission for Aviation Regulation
Commission for Communications Regulation
Commission for Energy Regulation
Commission for .a0i Regulation
Commissioners of !rish Eights
Com"etition Authority
Dental Council
Du1lin Air"ort Authority "lc
Du1lin Doc/lands Develo"ment Authority
Du1lin Carriage Office
EPA J Environmental Protection Agency
;S6
;ood 6afety Authority of !reland
;E.AC: ;urther Education and .raining Awards Council
=ealth and 6afety Authority
=ealth !nsurance Authority
=E.AC J =igher Education and .raining Awards Council
=EA J =igher Education Authority
!rish Aviation Authority
,3
3
rd
!rish 4ater 6afety
8edical Council
8ental =ealth Commission
9ational Council for Curriculum and Assessment
9ational Council for the Professional Develo"ment of 9ursing and 8idwifery
9ational Disa1ility Authority
9ational 8il/ Agency
9ational Pensions Reserve ;und Commission
9ational ?ualifications Authority of !reland
9ational Roads Authority
9ational 6ocial 4or/ ?ualifications :oard
9ational 6tandards Authority of !reland
Office of the Director of E>uality !nvestigations
Office of .o1acco Control
O"ticians :oard
Ordnance 6urvey !reland
Pensions :oard
Pharmaceutical 6ociety of !reland
Radiological Protection !nstitute of !reland
Rent .ri1unal
Residential !nstitutions Redress :oard
.em"le :ar Pro"erties Etd
Reterinary Council
@. F%$#$'%#/ I$t%tut%)$D
!rish ;inancial 6ervices Regulatory Authority
Central :an/ and ;inancial 6ervices Authority of !reland
;inancial 6ervices Om1udsman3s Office
,+
3
rd
ANNEC TWOD NON&PU9LIC SECTOR REGULATORY
9ODIES
Pr)-e%)$#/ He#/th Or6#$%#t%)$D
Association of Occu"ational .hera"ists of !reland
Association of O"tometrists !reland
!rish Association of 6"eech and Eanguage .hera"ists
!rish Chiro"odists$Podiatrists Organisation Etd.
6ociety of Chiro"odists$Podiatrists in !reland
!nstitute of Chiro"odists$Podiatrists in !reland
!rish :ranch of the :ritish Chiro"ody and Podiatry in !reland
!rish =ealth 6ervices Accreditation :oard
9ational Am1ulance .raining :oard
Pre#=os"ital Emergency Care Council
Professional Register of .raditional Chinese 8edicine
Pr%3#te re6u/#t)ry .)+%e rep)$%./e -)r the h#rm)$%#t%)$ )- t#$+#r+*
Academy of 8edical Ea1oratory 6cience
Acu"uncture Association
Advertising 6tandards Authority for !reland
Association of :uilding Engineers
:ar Council
Chartered !nstitute of :uilding in !reland
C!8A Chartered !nstitute of 8anagement Accountants
Chartered !nstitute of Personnel and Develo"ment in !reland
Chartered !nstitute of Pu1lic ;inance and Accountancy
Construction !ndustry ;ederation
Driving !nstructor Register of !reland Etd
E>uestrian ;ederation of !reland
Goldsmiths of Du1lin
!nstitute of Accounting .echnicians !n !reland
CPA J !nstitute of Certified Pu1lic Accountants in !reland
!nstitute of Chartered Accountants in !reland
!nstitute of Chartered 6ecretaries and Administrators
!nstitute of !ncor"orated Pu1lic Accountants
!nstitute of !ndustrial Engineers
!nstitution of Professional Auctioneers and Raluers
!nstitution of Chemical Engineers
!nstitute of Civil Engineers
!nstitution of Electrical Engineers
!nstitute of Engineers of !reland
!nstitute of 8echanical Engineers
!nstitution of 6tructural Engineers
!rish Association of Physical .hera"ists
!rish :ro/ers Association
,<
3
rd
!rish Eeague of Credit Bnions
!rish 6ociety of Chartered Physiothera"ists
Eaw 6ociety of !reland
Psychological 6ociety of !reland
Regulator of Premium Rate .elecommunications 6ervices E.D (Regtel-
Royal !nstitute of the Architects of !reland
6ociety of Chartered 6urveyors
.he .urf Clu1 J Office of the Governing :odies
*)/u$t#ry .)+%e th#t m#y h#3e #$ )pt%)$#/ re6u/#t)ry -u$'t%)$D
Electro#.echnical Council of !reland Etd
,A
3
rd
N)te
,. .he views e0"ressed in this "a"er are solely those of the authors and do not necessarily reflect
those of the !PA or any other organisation.
). Regulatory !m"act Analysis (R!A- is a tool used to assess the li/ely effects of a "ro"osed new
regulation or regulatory change. !t involves a detailed analysis to ascertain whether or not the new
regulation would have the desired im"act. !t hel"s to identify any "ossi1le side effects or hidden
costs associated with regulation and to >uantify the li/ely costs of com"liance on the individual
citi'en or 1usiness. !t also hel"s to clarify the costs of enforcement for the 6tate. R!A can enhance
the >uality of lawma/ing in social and economic areas enhance systems of governance and
im"rove the ca"acity and "erformance of the "u1lic service (see :oyle )**<-.
3. !n agreeing these actions on R!A the Government was influenced 1oth 1y the EB Commission3s
wor/ on im"act assessment and the 1enefits that have 1een associated with R!A internationally.
R!A methodologies have 1een introduced in many other 8em1er 6tates and R!A is understood to
1e com"ulsory in twelve of the twenty#five 8em1er 6tates. !t is also increasingly 1eing a""lied 1y
8em1er 6tates to draft EB Directives 1oth during the negotiation and trans"osition "hases. R!A
has 1enefits in terms of identifying the national im"acts of EB "ro"osals on a timely 1asis. !n
"articular it can highlight im"acts that "ro"osals may have on !reland that are not identified in the
EB CommissionTs im"act assessment which focuses on aggregate im"acts across rather than
within 8em1er 6tates.
+. .he first "hase /nown as a 6creening R!A is a""lied in all cases where R!A is re>uired. .he
second "hase or ;ull R!A is only re>uired in relation to more significant "ro"osals. .he
6creening R!A should a""ly to all "rimary legislation which "ro"oses changes to the regulatory
framewor/ a"art from the ;inance :ill and some emergency security or criminal legislation. !t
should also 1e used for significant 6tatutory !nstruments. A ;ull R!A will 1e conducted where any
one of the following a""lies:
there will 1e significant negative im"acts on national com"etitiveness2
there will 1e significant negative im"acts on the socially e0cluded or vulnera1le grou"s2
there will 1e significant negative im"acts on the environment2
the "ro"osals involve a significant "olicy change in an economic mar/et2
the "ro"osals will im"inge dis"ro"ortionately on the rights of citi'ens2
the "ro"osals will im"ose a dis"ro"ortionate com"liance 1urden2
the costs to the E0che>uer or third "arties are significant or are dis"ro"ortionately 1orne
1y one grou" or sector.
.he "u1lication of the Report on the Introduction of Regulatory Impact Analysis ()**<- was
accom"anied 1y the launch of Reaching +ut* Guidelines on %onsultation for Public )ector Bodies
()**<-.
<. .his audit is 1eing underta/en for the De"artment of the .aoiseach on 1ehalf of the :RG 1y a
multi#disci"linary research team from the 4hita/er 6chool of Government and 8anagement (!PA:
Du1lin-.
A. .he 4hite Pa"er >uotes the BU :etter Regulation .as/ ;orce definition of an inde"endent
regulator as %a 1ody which has 1een esta1lished 1y an Act of Parliament 1ut which o"erates at
arm3s length from Government and which has one or more of the following "owers: ins"ection2
referral2 advice to a third "arty2 licensing2 accreditation2 or enforcement.& Independent Regulators,
:etter Regulation .as/ ;orce )**3 ". A.
K. 6uch terminology re>uires clarity and consensus as to what does or does not constitute a @rule3
@ma/ing3 and @enforcement3. 6uch terms are not unam1iguous and as a conse>uence are ca"a1le of
wider or narrower inter"retations.
F. .o 1e included a regulatory 1ody had to dis"lay two of the three characteristics (a- (1- or (c-.
7. .he "rimary secondary source used for this "ur"ose is the -../ IPA 0earboo! and Diary.
,*. .o 1e included in these lists as a se"arate entry a 1ody needs to have the following features:
!t is structurally differentiated from other organisations
6ome ca"acity for autonomous decision#ma/ing
6ome e0"ectation of continuity over time
Performs some regulatory function
=as some "ersonnel and financial resources.
,K
3
rd
.his definition is consistent with that used 1y 8cGauran Rerhoest and =um"hreys ()**<- in their
wider study of agencification in !reland.
,,. An !rish "u1lic sector organisation is defined as any em"loying 1ody which: (a- directly derives
the ma5ority of its share ca"ital from !rish "u1lic funds or (1- has the ma5ority of its :oard
mem1ers a""ointed 1y an !rish 8inister or (c- directly derives the ma5ority of its revenue from
!rish "u1lic sources (see =um"hreys and Gorman ,7FK-1 .he Central 6tatistics Office for official
estimates uses this definition of the "u1lic sector.
,). ;or classification of "rimary regulatory function it is "ro"osed to use the General !ndustrial
Classification of Economic Activities within the Euro"ean Communities (9ACE- should 1e used
1ecause it is an internationally recognised framewor/
,
. 9ACE Rev.,., is designed to allow
com"arisons of economic activities at national Euro"ean and glo1al levels and for its )tandard
%lassification of Industrial Activity the Central 6tatistics Office (C6O- currently uses 9ACE Rev
,.,. .he criterion used to define an economic activity is 1ased u"on an in"ut of "roducts (goods or
services- a "roduction "rocess and an out"ut of "roducts. An activity is defined in 9ACE Rev.,.,
as TTwhen resources such as e>ui"ment la1our manufacturing techni>ues information networ/s or
"roducts are com1ined leading to the creation of s"ecific goods or servicesT. 9ACE Rev.,.,
coding is 1ased on the T"rinci"al activityT of a unit where most of the gross value is added.
,
,F
3
rd
9%./%)6r#phy
:etter Regulation .as/ ;orce ()**3- Independent Regulators Eondon: =86O.
:oyle R. (,777- Regulatory Reform* 2essons from International $'perience CP8R
Discussion Pa"er 9o. ,) Du1lin: !PA.
:oyle R. ()**<- Regulatory Impact Analysis forthcoming CP8R Discussion Pa"er
Du1lin: !PA.
:oyle R. and ;leming 6. ()***- The Role of )trategy )tatements CP8R Research
Re"ort 9o. ) Du1lin: !PA.
:oyle R. and =um"hreys P.C. ()**,- A #e %hange Agenda for the Irish Public
)ervice CP8R Discussion Pa"er 9o. ,K Du1lin: !PA.
Delivering Better Government* A Programme of %hange for the Irish %ivil )ervice
(,77A- 6econd Re"ort to Government of the Co#ordinating Grou" of 6ecretaries Du1lin:
6tationery Office.
;erris .. ()**,- @Regulatory Governance: An Evolving Process for Pu1lic Btilities3
Administration +7.+ "". K*#F*.
=ood C. Rothstein =. and :aldwin R. ()**,- The Government of Ris!* (nderstanding
Ris! Regulation Regimes O0ford: O0ford Bniversity Press.
=um"hreys P.C. and Gorman P. (,7FK- Information on Public )ector $mployment and
&anpoer Du1lin: !PA.
IPA 0earboo! and Diary ()**<- Du1lin: !PA.
Eowi .. I. (,7AA- @Distri1ution Regulation Redistri1ution: .he ;unctions of
Government3 "". )K#+* in Ri"ley R. :. (eds.- Public Policies and Their Politics*
Techni3ues of Government %ontrol 9ew Nor/: 4.4. 9orton.
8c.Gauran A#8 Rerhoest U. and =um"hreys P.C. ()**<- The %orporate Governance
of Agencies in Ireland CP8R Research Re"ort (forthcoming- Du1lin: !PA.
8itnic/ :. (,7F)- @Regulation and the .heory of Agency3 Policy )tudies
Revie ,.3 "". ++)#+<3.
OECD ()**,- Regulatory Reform in Ireland OECD Reviews of Regulatory Reform
Paris: OECD.
P.A. Consulting ()**)- $valuation of the Progress of the )trategic &anagement
Initiative4Delivering Better Government &odernisation Programme Re"ort "resented to
the De"artment of the .aoiseach Du1lin: P.A. Consulting Grou".
Policy Proposals on the Governance and Accountability of the Regulatory Frameor!
()***- Du1lin: De"artment of Pu1lic Enter"rise.
,7
3
rd
Pollitt C. ()**<- International $'periences of Public &anagement Reform* 2essons
hich e can learn5 Presentation to the De"artment of the .aoiseach ,7 Ianuary
Du1lin.
Pollitt C. and :ouc/aert G. ()**+- Public management reform* a comparative analysis
()
nd
edition- O0ford O0ford Bniversity Press.
Reaching +ut* Guidelines on %onsultation for Public )ector Bodies ()**<- Du1lin:
De"artment of the .aoiseach.
Reducing Red Tape - An Action Programme of Regulatory Reform in Ireland (,777-
Du1lin: De"artment of the .aoiseach.
Regulating Better ()**+- Du1lin: 6tationery Office.
Report on the Introduction of Regulatory Impact Analysis ()**<- Du1lin: De"artment
of the .aoiseach.
Toards Better Regulation* %onsultation Document ()**)- Du1lin: De"artment of
the .aoiseach.
)*

Finding A Way Through Ireland'S Regulatory Maze

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