Bodies in Ireland with Regulatory Powers

Transcription

1 Bodies in Ireland with Regulatory Powers As of February 2007

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3 1. Background 1.1 The Government has placed a significant emphasis over the past decade through the process of modernising the public service, of further reforming and improving the regulatory environment in Ireland. In the 2004 White Paper, Regulating Better 1, the Government set out six core principles that constitute good regulation. The White Paper also set out a detailed programme of actions to translate these principles into how legislation and regulation can be better designed, implemented and reviewed. 1.2 There have been a number of estimates as to how many regulators are operating in Ireland. The White Paper for example, estimated that there were over 500 public agencies/bodies in Ireland, many of which have a regulatory function either as a rule-maker or ruleenforcer. The exact number of public and private sector bodies who have the power to regulate however has never before been quantified in one clear document. This can make it difficult for citizens, business and even for public bodies, to be clear as to what exactly is being regulated, how, and by whom. 1.3 Having knowledge about how many regulators currently operate within Ireland and their regulatory remit (those areas or activities in which they regulate), is particularly important in ensuring that the potential for fragmentation and duplication is minimised. 1.4 For example, in the area of transport, in addition to the Minister and Department of Transport, the National Roads Authority, the Road Safety Authority, the Railway Safety Commission, the Railway Procurement Agency, the various Port Authorities, the Harbour Commissioners, the Commissioners of Irish Lights, the Irish Aviation Authority, the Commission on Aviation Regulation, Córas Iompair Éireann, the Dublin Carriage Office, and the Commission for Taxi Regulation also have regulatory functions in the transport So too do Local Authorities who can make bye-laws regulating the speed limits within their 1.5 In the absence of a centralised list of regulatory bodies, the White Paper committed to ensuring that Government would produce an audit of the regulatory framework, which would map out the various rulemaking and enforcement bodies and their reporting arrangements. The intention was that this would be of assistance in achieving other commitments in the White Paper, most notably that: a) new sectoral regulators will only be established if the requirement for a regulator can be clearly demonstrated and if the sector in question cannot be assigned to an existing regulator; and 1 Regulating Better: A Government White Paper setting out six principles of Better Regulation, Department of the Taoiseach,

4 b) the Government will assess on an ongoing basis, the possibilities for rationalisation of sectoral regulators, including through the merger of existing regulators and/or through the sharing of common services. 2. Regulatory Bodies: Who can regulate? 2.1 The White Paper identified regulatory bodies as falling into a number of different categories, namely: Government Departments/Offices, which can make primary or secondary legislation and may also be responsible for enforcing legislation. Local authorities, which can make bye-laws. Independent statutory sectoral regulators, such as ComReg (the communications regulator), the Financial Regulator etc. sector bodies under the aegis of Government Departments/Offices such as the Food Safety Authority of Ireland, the Health & Safety Authority, etc. Not all bodies or agencies under the aegis of a Department may have the necessary powers to make legislation, but they could be responsible for enforcing or implementing legislation. 2.2 In addition to these public bodies, there are also a number of private bodies mandated or approved by Government to regulate in particular areas of the economy, which impact directly on certain business sectors or on citizens, for example, the Law Society. 2.3 Internationally, there are varying definitions of regulation that are used in order to decide whether or not a body has regulatory powers. The OECD 2 for example, defines regulation as: a set of incentives established either by the legislature, government or public administration that mandates or prohibits actions of citizens and enterprises, covering both primary and secondary legislation through which the government establish parameters for the behaviour of citizens and enterprises 2.4 The White Paper adopted a more liberal definition of what constituted a regulatory body namely, that a regulatory body was an organisation that could act as a rule-maker or rule-enforcer. In compiling the list set out in this Report, however, a more focused definition was used in order to exclude organisations and private bodies that merely create and apply rules that impact on their own membership and have no statutory backing. 2 OECD, 1994, The OECD Reference Checklist for Regulatory Decision-Making: A Draft Recommendation of the OECD, Paris 2

5 Definition of a Regulator 2.5 For the purposes of compiling this Report, a regulatory body has been defined as one that has statutory recognition, and has functions in at least two of the following three areas of activities: Definition: A Regulatory Body is a body that has statutory recognition and has functions in at least two of the following three areas of activity: 1. The formulation of goals, the making of rules, [and/or] the setting of standards; 2. Monitoring, gathering information, scrutiny, inspection, audit and evaluation; 3. Enforcement, modifying behaviour, applying rewards and sanctions. 2.6 In addition to its regulatory role, to qualify for inclusion a regulatory body also has to have the following features: It is an independent organisation, separate from any other body It has some capacity for autonomous decision-making There is some expectation of continuity over time It has some personnel and financial resources Such a regulatory body may often, but not necessarily, be in the public sector. For the purposes of this Report, a public sector body is defined as one which: (a) has the majority of its Board members appointed by an Irish Minister, or (b) directly derives the majority of its revenue/funding from Irish public sources 4. The Central Statistics Office (CSO) uses this definition of the public sector A number of private regulatory bodies have also been included in the report. These are bodies that are recognised legislatively by a parent Government Department, but whose funding and resources are not derived from the Irish public service resources (i.e., the majority of their revenue does not come from the Exchequer). 3 This definition is consistent with that used in the wider study of agencification in Ireland (see Mc. Gauran, A-M, Verhoest, K. and Humphreys, P.C. (2005), The Corporate Governance of Agencies in Ireland, CPMR Research Report No. 6, Dublin: IPA. 4 See Humphreys, P.C. and Gorman, P. (1987), Information on Sector Employment and Manpower, Dublin: IPA. 5 See, for example, Sector Employment and Earnings data in the Statistical Bulletin series. 3

6 2.9 As indicated, for inclusion in this Report, a body must have statutory backing, or be recognised as a regulatory body in legislation. This was necessary as even a very specific definition of what constituted a regulator could otherwise still allow for the inclusion of a substantial number of bodies who might meet the other criteria for inclusion, but who would not intuitively be recognised as the kind of regulatory body that this particular exercise wished to capture, or whose regulatory remit was so small or specific, as to be considered not relevant. There is one exception to this requirement however. The Bar Council does not have a statutory basis, but given the importance of its role it has been included in this Report. 3. Exclusions from the Report 3.1 The underlying rationale for this Report has been to identify and set out all those bodies currently based in and operating in Ireland with regulatory functions, so as to better identify how the regulatory framework is operating and thereby ensure that the range of regulatory institutions is optimal and that accountability mechanisms are appropriate. In this regard, it was therefore decided that the Report should focus on national bodies. As such, non-national bodies or authorities, such as the European Union, the Federal Drugs Administration in the US etc., whose regulatory remit has the ability to impact on activities at the national level, are not listed in this Report. 3.2 It should be noted that the regulatory remit of a small number of bodies listed in the Appendix to this Report covers the 32 counties. Where a regulatory body has an all-island regulatory role, or is a North/South Implementation Body, this has been clearly identified. In all other cases, the regulatory functions of bodies listed in Appendix 2 are limited to the State of Ireland. 3.3 It was decided that a number of national bodies, while strictly speaking regulators when the agreed definition was applied to them, should be excluded from the Report. National bodies excluded from the list of regulatory bodies fall into the following categories: The Judiciary and Quasi-Judicial Bodies; Gardai & Defence Forces; Ombudsman Services and Offices As in any system of Government, the Judiciary and other quasi-judicial bodies play a key role in enforcing regulation. Generally speaking, such bodies are recognised under statute, and act largely to investigate and assess adherence or otherwise to regulations that have been set down and to pass judgement (in the case of courts) or make recommendations (in the case of Ombudsman offices) where regulatory provisions have not been complied with or are leading to anomalies in a system. While recommendations made in a Court or by an Ombudsman may lead to regulatory change, 4

7 generally speaking they cannot of themselves introduce regulatory change. As such, they have been excluded from the list of regulatory bodies in this Report. One exception is the Labour Court, which can make Employment Regulation Orders and as such, is included in the Report. Professional Representative Bodies A substantial number of representative bodies currently operate in Ireland including: (a) Trade Unions / Employer Representative Groups, such as IBEC, ICTU, SFA, ISME etc.; (b) Professional Representative Organisations: for example Institute of Electrical and Electronics Engineers, Chartered Institute of Building in Ireland, Association of Occupational Therapists in Ireland etc; and (c) Sporting bodies / associations, such as GAA, IRFU, FAI etc. Representative groups may operate under a specific code or constitution, and as such, have defined a clear regulatory code under which they operate. The code will set out clearly who may be permitted to join the association or body, the terms and conditions of membership, and rules of association which may also set out a code of conduct for members. Some representative organisations are an Irish branch of a wider organisation that may be recognised by Charter in another jurisdiction. However, the bodies falling under this category are not generally recognised under Irish law as regulatory bodies and as such, have largely been excluded. There are some exceptions to this, such as the Law Society, which have been included in the Report. It should be noted that in the healthcare sector, the Health & Social Care Professionals Act 2005 provides for the establishment of a system of statutory registration for health and social care professionals, which will initially extend to clinical biochemist; dietician; medical scientist; occupational therapist; orthoptist; physiotherapist; podiatrist; psychologist; radiographer; social care worker; social worker; and speech and language therapist. The regulatory structure set out in the Health and Social Care Professionals Act comprises a registration board for each of these professions to be registered, a Health and Social Care Professionals Council with overall responsibility for the regulatory system and a committee structure to deal with disciplinary matters. Following establishment of this Council by the Minister for Health & Children, it will be added to the list of regulatory bodies. 5

8 Ethical Committees Ireland has 13 Recognised Ethical Committees (RECs), which are recognised under Regulation 7 of the European Communities (Clinical Trials on Medicinal Products for Human Use) Regulations These RECs can give an opinion for clinical research projects anywhere in the State: in other words, they can authorise or refuse permission for research projects. While such RECs have what can be construed as having a regulatory role, they have been excluded from the list of regulatory bodies given their relatively tight regulatory remit, and given that the Minister for Health & Children currently has a supervisory function. Other ethical committees associated with universities, third-level educational institutions and hospitals (which do not have a statutory basis) have also been excluded from the Report. Port & Harbour Authorities There are 21 Port and Harbour Authorities operating in Ireland. These Authorities are charged with the local level regulation and management of the individual harbours under their remit, but as they do not have a role in relation to the wider regulation of the sector, they have been excluded from this Report. 4. Findings 4.1 The Better Regulation Group of senior Government officials and the independent sectoral regulators, which oversees implementation of the White Paper commitments, engaged the Institute of Administration (IPA) to assist in undertaking this review of the regulatory bodies in Ireland. The IPA was supported by a sub-group of the Better Regulation Group, comprising officials from the Financial Regulator, ComReg, the Department of Transport, the Department of Communications, Marine & Natural Resources, and the Department of the Taoiseach. Mr. Declan Purcell of the Competition Authority chaired the sub-group. 4.2 Based on the research conducted by the IPA, an initial list of some 400 bodies was identified. Following further research and analysis conducted by the IPA and the steering group, in conjunction with verifications provided by individual Government Departments, a significant number of these bodies were identified as falling into certain categories, such as quasi-judicial bodies, or professional representative organisations, rather than being regulators, and as such were excluded (see Section 3 above). 6

9 A final list has been identified of 213 regulatory bodies, of which 205 are public sector regulators. This list includes the 114 local authorities and town councils under the aegis of the Department of the Environment, Heritage and Local Government, and the 9 Fisheries Commissioners and Fisheries Boards under the aegis of the Department of Communications, Marine & Natural Resources. 4.3 The list of these 213 regulatory bodies is set out in Appendix 1. More detailed information on the regulatory role of each body, together with useful contact information, is set out in Appendix 2. For ease of reference, bodies are listed under the aegis of the relevant Government Department that most closely relates to their area of remit, or which currently has responsibility for the legislation under which the body was established or is recognised. 5. Recent Developments 5.1 An analysis of the list of regulatory bodies outlined at Appendix 1 and detailed in Appendix 2, indicates that since publication of the White Paper in 2004, 11 new regulatory bodies have been established. While in the case of one of these bodies, the National Consumer Agency, it will ultimately replace an existing regulatory body (the Office of the Director of Consumer Affairs), the 10 other bodies established since 2004 are new. These bodies are: 1. An Coimisinéir Teanga Commission for Taxi Regulation Commission for Service Appointments Irish Auditing and Accounting Supervisory Authority (IAASA) Private Residential Tenancies Board Private Security Authority Railway Safety Commission Teaching Council Road Safety Authority National Consumer Agency (established in 2006 on an interim basis to replace the Office of the Director of Consumer Affairs) (Consumer Protection Bill 2007) 11. Sea-Fisheries Protection Authority An Coimisinéir Teanga was appointed in February 2004 under part 4 of the Official Languages Act The Commission for Taxi Regulation was established as an Independent Body in September 2004, under Part 2 of the Taxi Regulation Act The IAASA was established in 2004 pursuant to the provisions of Part 2 of the Companies (Auditing and Accounting) Act, The Teaching Council was established in 2005, pursuant to the Teaching Council Act 2001, but full regulatory powers did not come into effect until 2006, following enactment of the Teaching Council (Amendement) Act

10 5.2 In addition to the bodies outlined at 5.1 that have been created or established since 2004, announcements have also been made regarding the proposed establishment of the following 9 regulatory bodies. The 9 proposed regulatory bodies, together with the title of the legislation to give effect to them, are as follows: 1. Broadcasting Authority of Ireland (Broadcasting Bill 2006) 2. Dublin Transport Authority (Dublin Transport Authority Bill) 3. Health & Social Care Professionals Council (legislation has been enacted, but the Council has not as yet been formally established (Health and Social Care Professional Council Act 2005)) 4. National Employment Rights Agency (agreed in Towards 2016 (Employment Law Compliance Bill)) 5. Property Services Regulatory Authority (Property Services Regulatory Authority Bill 2006) 6. Registrar of Charities (Charities Regulation Bill 2006) 7. Employment Agency Regulator (Employment Agency Regulation Bill) 8. Health Information and Quality Authority, to incorporate the Office of the Chief Inspector of Social Services (Health Bill 2006) 9. A body to regulate the provision of Education Services (Proposed Education Ireland Bill) 5.3 These more recent developments regarding regulatory bodies established or proposed since 2004, confirms that the number and complexity of regulatory bodies in Ireland continues to grow. 6. Members of the Steering Group Declan Purcell, Competition Authority (Chair) Michael Beagon, Financial Regulator Michael Harper, Department of Transport Shay O Malley, Commission for Communications Regulation Richard O Reilly, D/Communications, Marine & Natural Resources Dr. Peter Humphreys, Institute of Administration Jeannette Mair, Institute of Administration Tríona Quill, Department of the Taoiseach Secretariat: Department of the Taoiseach Audrey O Byrne, Petra Woods, Sabha Greene, Evan Breen 8

11 Appendix 1 List of Bodies with Regulatory Powers 9

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13 1. Department of Agriculture and Food 1.1 Department of Agriculture and Food 1.2 National Milk Agency 1.3 Veterinary Council 2. Department of Arts, Sport and Tourism 2.1 Department of Arts, Sport and Tourism 2.2 Fáilte Ireland 2.3 Horse Racing Ireland 2.4 Irish Greyhound Board/Bord na gcon Private Bodies 2.5 The Turf Club - Office of the Governing Bodies 3. Department of Communications, Marine and Natural Resources 3.1 Department of Communications, Marine and Natural Resources 1.2 Broadcasting Commission of Ireland 1.3 Commission for Communications Regulation 1.4 Commission for Energy Regulation 1.5 Sea-Fisheries Protection Authority Fisheries Boards and Commissioners 1.6 Central Fisheries Board 1.7 Eastern Regional Fisheries Board 1.8 Northern Regional Fisheries Board 1.9 North-Western Regional Fisheries Board 1.10 River Moy Commissioners 1.11 Shannon Regional Fisheries Board 1.12 Southern Regional Fisheries Board 1.13 South-Western Regional Fisheries Board 1.14 Western Regional Fisheries Board 4. Department of Community, Rural and Gaeltacht Affairs 4.1 Department of Community, Rural and Gaeltacht Affairs 4.2 An Coimisinéir Teanga 4.3 The Commissioners of Charitable Donations and Bequests for Ireland 4.4 Waterways Ireland 5. Department of Defence 5.1 Department of Defence 11

14 6. Department of Education and Science 6.1 Department of Education and Science 6.2 FETAC: Further Education and Training Awards Council 6.3 HEA Higher Education Authority 6.4 HETAC: Higher Education and Training Awards Council 6.5 National Educational Welfare Board 6.6 National Qualifications Authority of Ireland 6.7 State Examinations Commission 6.8 The Teaching Council 7. Department of Enterprise, Trade and Employment 7.1 Department of Enterprise, Trade and Employment 7.2 Companies Registration Office 7.3 Competition Authority 7.4 Health and Safety Authority 7.5 Irish Auditing and Accounting Supervisory Authority 7.6 Irish National Accreditation Board 7.7 Irish Takeover Panel 7.8 Labour Court 7.9 National Consumer Agency 7.10 Office of the Director of Consumer Affairs 7.11 National Standards Authority of Ireland 7.12 Office of the Director of Corporate Enforcement 7.13 Office of the Registrar of Friendly Societies 7.14 Patents Office 8. Department of the Environment, Heritage and Local Government 8.1 Department of the Environment, Heritage and Local Government 8.2 An Bord Pleanála 8.3 EPA Environmental Protection Agency 8.4 Private Residential Tenancies Board 8.5 Radiological Protection Institute of Ireland (Local Government Authorities are listed separately) 9. Department of Finance 9.1 Department of Finance 9.2 Central Bank and Financial Services Authority of Ireland 9.3 Commission for Service Appointments 9.4 Institute of Incorporated Accountants 9.5 Irish Stock Exchange 9.6 Irish Taxation Institute 9.7 Office of the Appeals Commissioners 9.8 Office of the Revenue Commissioners 9.9 Standards in Office Commission 9.10 The Financial Regulator 12

15 10 Department of Foreign Affairs 10.1 Department of Foreign Affairs 11. Department of Health and Children 11.1 Department of Health and Children 11.2 Adoption Authority of Ireland 11.3 Food Safety Authority of Ireland 11.4 Health Insurance Authority 11.5 Irish Medicines Board 11.6 Mental Health Commission 11.7 Pre-Hospital Emergency Care Council Private Bodies 11.8 An Bord Altranais/Irish Nursing Board 11.9 Dental Council Medical Council Opticians Board Pharmaceutical Society of Ireland 12. Department of Justice, Equality and Law Reform 12.1 Department of Justice, Equality and Law Reform 12.2 Censorship of ations Board 12.3 Dublin Carriage Office 12.4 Film Censor s Office 12.5 Office of the Data Protection Commissioner 12.6 Office of the Refugee Applications Commissioner 12.7 Private Security Authority Private Bodies 12.8 Bar Council 12.9 Law Society of Ireland 13. Department of Social and Family Affairs 13.1 Department of Social and Family Affairs 13.2 Pensions Board 14. Department of the Taoiseach 14.1 Department of the Taoiseach / Central Statistics Office 15. Department of Transport 15.1 Department of Transport 15.2 Commission for Aviation Regulation 15.3 Commission for Taxi Regulation 15.4 Commissioners of Irish Lights 15.5 Córas Iompair Éireann 15.6 Irish Aviation Authority 15.7 National Roads Authority 15.8 Railway Procurement Agency 15.9 Railway Safety Commission Road Safety Authority 13

16 16. Local Government Authorities Operating under the aegis of the Department of the Environment, Heritage & Local Government Bodies Ardee Town Council Arklow Town Council Athlone Town Council Athy Town Council Balbriggan Town Council Ballina Town Council Ballinasloe Town Council Ballybay Town Council Ballyshannon Town Council Bandon Town Council Bantry Town Council Belturbet Town Council Birr Town Council Boyle Town Council Bray Town Council Buncrana Town Council Bundoran Town Council Carlow County Council Carlow Town Council Carrickmacross Town Council Carrick-on-Suir Town Council Cashel Town Council Castlebar Town Council Castleblayney Town Council Cavan County Council Cavan Town Council Clare County Council Clonakilty Town Council Clones Town Council Clonmel Borough Council Cobh Town Council Cootehill Town Council Cork City Council Cork County Council Donegal County Council Drogheda Borough Council Droichead Nua Town Council Dublin City Council Dun Laoghaire-Rathdown County Council Dundalk Town Council Dungarvan Town Council Edenderry Town Council Ennis Town Council Enniscorthy Town Council 14

17 16.45 Fermoy Town Council Fingal County Council Galway City Council Galway County Council Gorey Town Council Granard Town Council Greystones Town Council Kells Town Council Kerry County Council Kildare County Council Kilkee Town Council Kilkenny Borough Council Kilkenny County Council Killarney Town Council Kilrush Town Council Kinsale Town Council Laois County Council Leitrim County Council Leixlip Town Council Letterkenny Town Council Limerick City Council Limerick County Council Lismore Town Council Listowel Town Council Longford County Council Longford Town Council Loughrea Town Council Louth County Council Macroom Town Council Mallow Town Council Mayo County Council Meath County Council Midleton Town Council Monaghan County Council Monaghan Town Council Mountmellick Town Council Muinebheag Town Council Mullingar Town Council Naas Town Council Navan Town Council Nenagh Town Council New Ross Town Council North Tipperary County Council Offaly County Council Passage West Town Council Portlaoise Town Council Roscommon County Council Shannon Town Council Skibbereen Town Council Sligo Borough Council 15

18 16.95 Sligo County Council South Dublin County Council South Tipperary County Council Templemore Town Council Thurles Town Council Tipperary Town Council Tralee Town Council Tramore Town Council Trim Town Council Tuam Town Council Tullamore Town Council Waterford City Council Waterford County Council Westmeath County Council Westport Town Council Wexford Borough Council Wexford County Council Wicklow County Council Wicklow Town Council Youghal Town Council 16

19 Appendix 2 Summary of the Role and Regulatory Remit of Bodies with Regulatory Powers 17

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21 1. Bodies under the Aegis of the Department of Agriculture and Food 1.1 Department of Agriculture and Food Agriculture House Telephone: / LoCall: Kildare Street FAX: Dublin 2 info@agriculture.gov.ie Dublin Website: The Department of Agriculture and Food prepares and administers legislation on animal welfare, plant health, animal products, forestry and the monitoring and controlling of aspects of the food industry. It is also engaged in the direct provision of support services to agriculture and food. Ministers and Secretaries Act National Milk Agency IPC House Telephone: Shelbourne Road FAX: Dublin 4 natmilk@eircom.net Dublin Website: The National Milk Agency was established by the Oireachtas to regulate the supply of milk for liquid consumption in accordance with the provisions of the Milk (Regulation of Supply) Act The Agency replaced the former Cork and Dublin District Milk Boards. Milk (Regulation and Supply) Act Veterinary Council of Ireland 53 Lansdowne Road Telephone: Ballsbridge FAX: Dublin 4 info@vci.ie Website: The Council regulates and manages the practice of veterinary medicine and veterinary nursing in the State. The Council maintains the Register of Veterinary Practitioners and the Register of Veterinary Nurses and only persons who are entered are entitled to practice veterinary surgery in the State. It establishes procedures and criteria for registration including the issue of certificates or registration. Also approves programmes of education. Veterinary Practice Act 2005 (originally established under the Veterinary Surgeons Act 1931) 19

22 2. Bodies under the Aegis of the Department of Arts, Sport and Tourism 2.1 Department of Arts, Sport and Tourism 23 Kildare St. Telephone: / LoCall: Dublin 2 FAX: webmaster@dast.gov.ie Dublin Website: The Department of Arts, Sport and Tourism is responsible for the formulation, development and evaluation of policy and structures in relation to the arts, sports and tourism. It has a role in enabling cultural institutions to preserve, protect and present Ireland s heritage and cultural assets. The Department oversees major sports projects and it facilitates the continued development by the tourism industry of an economic and environmentally sustainable and spatially balanced tourism sector. Ministers and Secretaries Act Fáilte Ireland (Formerly Bord Fáilte) Fáilte Ireland Telephone: Baggot Street Bridge FAX: Dublin 2 info@failteireland.ie Dublin Website: Fáilte Ireland (formerly known as Bord Fáilte) is the body responsible for the setting the requirements of the various categories of tourist accommodation and for the regular monitoring of standards in hotels and all other forms of approved tourist accommodation. The areas under its remit are the registration, regulation and classification of tourist accommodation such as hotels, guest houses, holiday hostels, youth hostels, holiday camps, caravan and camping sites, holiday cottages and holiday apartments. It is also responsible for the appeals mechanism used for cancellations and refusal of applications for initial registration. National Tourism Development Authority Act

23 2.4 Horse Racing Ireland Thoroughbred County House, Telephone: Kill FAX: Co. Kildare Website: Horse Racing Ireland (HRI) is the State Body established to replace the Irish Horseracing Authority and to take over certain functions of the Racing Regulatory Body. HRI s functions include the control of the operation of authorised bookmakers, the operation of the Tote and the operation of the Registry Office. Horse and Greyhound Racing Act Irish Greyhound Board/Bord na gcon Bord na gcon Telephone: Henry Street FAX: admin@igb.ie Limerick Website: Bord na gcon is the statutory body responsible for the management and development of the Greyhound Industry including the making of regulations as provided for under the Greyhound Industry Act 1958, the Greyhound (Amendment) Act 1993, the Horse and Greyhound Racing (Betting Charges and Levies) Act 1999 and the Horse and Greyhound Racing Act It has powers to regulate all aspects of greyhound racing in Ireland including the licensing of the different tracks, the issuing of permits to officials, bookmakers, trainers and the implementation of the rules of racing. Horse and Greyhound Racing Act The Turf Club - Office of the Governing Bodies The Curragh Telephone: FAX: info@turfclub.ie Co. Kildare Website: The Turf Club incorporates the Irish National Hunt Steeple Chase Committee (INHSC) and sets and administers the rules of racing for all horse meetings in Ireland. An all - Ireland body the Turf Club (and INHSC) is responsible for making and enforcing the Rules of Racing in Ireland. It is also responsible for ensuring the welfare of the horses. The Turf Club is the internationally recognised horse-racing regulatory body for Ireland and as such represents Irish racing abroad on issues relating to the rules of racing. Private Section 21 of the Irish Horseracing Industry Act,

24 3. Bodies under the aegis of the Department of Communications, Marine and Natural Resources 3.1 Department of Communications, Marine and Natural Resources Adelaide Road Telephone: / Lo Call: Dublin 2 FAX: contact@dcmnr.gov.ie Dublin Website: The Department of Communications, Marine and Natural Resources has responsibility for the telecommunications and broadcasting sectors and regulates, protects and develops the Marine and Natural Resources of Ireland. In fulfilling this role, it prepares and administers legislation on communications, broadcasting, energy, marine and fishing and the exploration and mining of natural resources. Ministers and Secretaries Act Broadcasting Commission of Ireland (BCI) 2-5 Warrington Place Telephone: Dublin 2 FAX: info@bci.ie Dublin Website: BCI is an independent statutory organisation, and its work is guided by three pieces of legislation, namely the Radio and Television Act, 1988, the Broadcasting Act 2001 and the Broadcasting (Funding) Act, The key functions of the Commission include the licensing of independent broadcasting services including the additional licensing of television services on digital, cable, MMDS and satellite systems; the development of codes and rules in relation to programming and advertising standards and the monitoring of all licensed services to ensure that license holders comply with their statutory obligations and terms of their contracts. Broadcasting Act

25 3.3 Commission for Communications Regulation Abbey Court Telephone: / Lo Call: Irish Life Centre FAX: Lower Abbey Street, Dublin info@comreg.ie Dublin Website: ComReg is the statutory body responsible for the regulation of the electronic communications sector (telecommunications, radio communications and broadcasting transmission) and the postal sector. ComReg facilitates market entry through a general authorization to provide networks and services and by regulating access to networks, so as to develop effective choice for consumers. ComReg s activities are geared towards operators, business and consumers/residential users of communication services. Communications Regulation Act Commission for Energy Regulation Plaza House Telephone: Belgard Road FAX: Tallaght, Dublin 24 info@cer.ie Dublin Website: The Commission for Energy Regulation (CER) is the independent body responsible for regulating the electricity and natural gas sectors in Ireland. The CER works to promote competition and to protect customer interests. They license electricity and natural gas companies and work to ensure supply is safe, secure and reliable. Legislation to underpin the introduction of an all-island electricity market is expected in Electricity and Gas Regulation Act

26 3.5 Sea Fisheries Protection Authority Unit C Telephone: West Cork Technology Park FAX: Clonakilty sfpa_info@sfpa.ie Co. Cork Website: The Authority was established on 1 January 2007 and its primary purpose is to manage Sea fisheries Protection and Seafood Safety. These functions were previously undertaken by the Seafood Control division of the Department of Communications, Marine and Natural Resources. The Authority promotes compliance with and deters contraventions of sea-fisheries law and food safety law in relation to seafood. Sea-Fisheries and Maritime Jurisdiction Act 2006 Fisheries Boards and Commissioners 3.6 Central Fisheries Board Swords Business Campus Telephone: Swords FAX: info@cfb.ie Dublin Website: The central Fisheries Board coordinates the fishery protection and surveillance activities of the Regional Fishery Boards. It is responsible for ensuring the proper management of national level information-gathering, standard setting and other regulatory activities as required by the Fisheries Act 1980 Fisheries Act Eastern Regional Fisheries Board 15A Main Street Telephone: Blackrock FAX: info@erfb.ie Dublin Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea-angling resources. Fisheries Act

27 3.8 Northern Regional Fisheries Board Station Road Telephone: Ballyshannon FAX: Donegal Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea-angling resources. Fisheries Act North-Western Regional Fisheries Board Ardnaree House Telephone: Abbey Street FAX: Ballina Mayo Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea-angling resources. Fisheries Act River Moy Commissioners Harbour Office Telephone: The Quay FAX: Ballina Mayo Website: The Harbour Commissioners are responsible for local level regulation, maintenance and operation in accordance with Harbours Acts Harbours Act

28 3.11 Shannon Regional Fisheries Board Ashbourne Business Park Telephone: Dock Road FAX: Limerick Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea-angling resources. Fisheries Act Southern Regional Fisheries Board Epworth Telephone: Anglesea Street FAX: Clonmel Tipperary Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea angling resources. Fisheries Act South-Western Regional Fisheries Board 1 Neville's Terrace Telephone: Masseytown FAX: Macroom info@swrfb.ie Cork Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea angling resources. Fisheries Act

29 3.14 Western Regional Fisheries Board The Weir Lodge Telephone: Earl's Island FAX: Galway Website: The Fisheries Boards are the statutory bodies responsible for the conservation, protection, promotion, regulation and development of Ireland's inland fisheries and sea angling resources. Fisheries Act

30 4. Bodies under the aegis of the Department of Community, Rural and Gaeltacht Affairs 4.1 Department of Community, Rural and Gaeltacht Affairs 'Dún Aimhirgin' Telephone: Mespil Road FAX: Dublin 4 eolas@pobail.ie Dublin Website: The Department of Community, Rural and Gaeltacht Affairs is responsible for regulating in the areas with regards to the Irish language, community and island development, voluntary activity and the Gaeltacht. It is the coordinating Department for drugs policy in the state. It also has responsibility for developing a regulatory framework for charities. Ministers and Secretaries Act An Coimisinéir Teanga An Coimisinéir Teanga Telephone: An Spidéal FAX: eolas@coimisineir.ie Co. na Gaillimhe Website: The functions of An Coimisinéir Teanga include: monitoring compliance by public bodies with the provisions of the Official Languages Act 2003; to carry out investigations into any failure by public bodies to comply with the provisions of the Official Languages Act, and to take all necessary measures to ensure compliance by public bodies with the provisions of this Act. Official Languages Act (2003) 28

31 4.3 The Commissioner of Charitable Donations and Bequests for Ireland 12 Clare Street Telephone: Dublin 2 FAX: charities@eircom.net Website: n/a The Commissioners are mandated to provide services to trustees of charities and carry out the intentions of persons making donations and bequests to charities. The Commissioners can act as trustees of some Charitable Trusts and hold funds on behalf of others. They can also invest, and authorise charity trustees to invest, in securities outside the ordinary range of trustee securities. Other functions of the Commissioners include the appointment of new trustees, the authorisation of leases and the surrender of leases, mortgages, exchange of trust property and the amendment of educational endowments under the Educational Endowments (Ireland) Act Relevant Legislation Charities Acts 1961 & Waterways Ireland 20 Darling Street Telephone: +44 (0) Enniskillen FAX: +44 (0) BT74 TEW Fermanagh Website: A Statutory (North-South) Body, established under the British Irish Agreement, 1999, which is the regulatory authority for the River Shannon, Royal and Grand Canals etc with by-law making powers under the Shannon Navigation and Canals Acts in relation to the use of these navigations for recreational purposes. Shannon Navigation Act 1990; & the Canals Act (1986) 29

32 5. Bodies under the aegis of the Department of Defence 5.1 Department of Defence Parkgate Telephone: Infirmary Road FAX: Dublin 7 Website: The Department of Defence is responsible for the formulation and implementation of policy relating to national defence issues, overseas operations in relation to international peacekeeping and security, and emergency planning coordination and oversight. Ministers and Secretaries Act

33 6. Bodies under the aegis of the Department of Education and Science 6.1 Department of Education and Science Marlborough St. Telephone: Dublin 1 FAX: info@education.ie Dublin Website: The Department of Education and Science has overall responsibility for the operation and development of the Irish Education system. The Department is involved in a broad range of activities, which includes preparing and administering legislation, formulating policy, setting standards and monitoring and evaluating programmes. Included in these activities are functions of a regulatory nature. The Inspectorate of the Department of Education and Science has a statutory quality assurance remit, in relation to educational provision in primary and second level schools in Ireland, set out under Section 13 of the Education Act Ministers and Secretaries Act 1924; Education Act, 1998 and specific functions under other education legislation 6.2 FETAC: Further Education and Training Awards Council East Point Plaza Telephone: East Point Business Park FAX: Dublin 3 information@fetac.ie Dublin Website: The Further Education and Training Awards Council (FETAC) gives people the opportunity to gain recognition for learning in education or training centres, in the work place and in the community. FETAC's functions include: making and promoting awards, validating programmes, monitoring and ensuring the quality of programmes and determining standards. Qualifications (Education and Training) Act

34 6.3 HEA Higher Education Authority Brooklawn House Telephone: Shelbourne Road FAX: Dublin 4 Website: The Higher Education Authority is the statutory planning and development body for higher education and research in Ireland. The HEA has wide advisory powers throughout the whole of the third-level education sector. In addition it is the funding authority for the universities and a number of designated higher education institutions. The Institute of Technology Act 2006 provided for the designation of the Institutes of Technology as institutions of higher education under the HEA. Upon commencement of the Act on 1 st February 2007, the HEA took over the role of funding authority for the Institutes of Technology. The principal functions of the HEA are to further the development of higher education; to maintain a continuous review of the demand and need for higher education; to assist in the coordination of state investment in higher education and to prepare proposals for such investment; to allocate among universities and designated institutions the grants voted by the Oireachtas; to promote the attainment of equality of opportunity in higher education and democratisation of higher education. Higher Education Authority Act 1971 and HETAC: Higher Education and Training Awards Council Denzille Lane Telephone: Dublin 2 FAX: info@hetac.ie Dublin Website: HETAC (the Higher Education and Training Awards Council) was established by the Government in 2001, under the Qualifications (Education and Training) Act HETAC is the qualifications awarding body for third-level educational and training institutions outside the university sector and the Dublin Institute of Technology. It is the successor to the National Council for Educational Awards (NCEA). HETAC may delegate authority to make awards to Recognised Institutions under the Act. Recognised Institutions currently comprise the Institutes of Technology. HETAC awards qualifications at all levels of higher education and training up to PhD level. HETAC's main functions include: setting standards for higher education and training awards; validation of higher education and training programmes; monitoring of institutional quality assurance procedures; delegation of awarding powers to recognised institutions; ensuring that student assessment procedures are fair and consistent; ensuring that arrangements are in place in commercial education and training institutions to protect learners where programmes validated by HETAC cease to be provided. Qualifications (Education and Training) Act

35 6.5 National Educational Welfare Board Green Street Telephone: Dublin 7 FAX: info@newb.ie Dublin Website: The National Educational Welfare Board is the national agency with responsibility for encouraging and supporting regular school attendance. This body has functions in the area of enforcement/taking legal action and also has monitoring and inspection functions as regards school attendance patterns. Education (Welfare) Act National Qualifications Authority of Ireland 5th Floor, Jervis House Telephone: Jervis Street FAX: Dublin 1 info@nqai.ie Dublin Website: The National Qualifications Authority of Ireland was established in February The Authority itself has three principal objectives, which are set out in the Qualifications (Education & Training) Act 1999: (a) the establishment and maintenance of a framework of qualifications for the development, recognition and award of qualifications based on standards of knowledge, skill or competence to be acquired by learners; (b) the establishment and promotion of the maintenance and improvement of the standards of awards of the further and higher education and training sector, other than in the existing universities; and (c) the promotion and facilitation of access, transfer and progression throughout the span of education and training provision. Qualifications (Education and Training) Act

36 6.7 State Examinations Commission Cornamaddy Telephone: Athlone FAX: Co. Westmeath Website: The State Examinations Commission is responsible for the operation of all aspects of the established Leaving Certificate, Leaving Certificate Vocational Programme, Leaving Certificate Applied and Junior Certificate Examinations. The individual functions involved in the operation of the examinations include: preparing examination papers and other examination materials; determining procedures for the conduct and supervision of examinations; recruiting contract staff to draft and mark examination components and to superintend at the examinations; arranging for marking of work presented for assessment and examinations; issuing the results of examinations; determining procedures to enable the review and appeal of results of examinations at the request of candidates; charging and collecting fees for examinations; designating places where examinations may be held. Education Act 1998; SI 373/ The Teaching Council Block A Telephone: Maynooth Business Campus FAX: Maynooth info@teachingcouncil.ie Co. Kildare Website: The Teaching Council establishes, publishes, reviews and maintains codes of professional conduct for teachers: these include standards of teaching, knowledge, skill and competence; establishes and maintains a register of teachers; and will, when the appropriate section of the Teaching Council Act, 2001, is commenced, conduct inquiries into and, where appropriate, impose sanctions in relation to fitness to teach, of any registered teacher. The Teaching Council Acts 2001 &