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Thread: What percentage of laws from Brussels?

  1. #1
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    What percentage of laws from Brussels?

    I had great difficulty in believing the claims of Generation Yes on this issue - see:
    http://www.politics.ie/lisbon-treaty...mission-9.html
    So I decided to do a little research of my own, looking at legislation for 2008, the most recent year for which figures are available.

    In that year there were 113 EU directives and 718 EU regulations.

    Let us ignore all of the other legal and quasi-legal instruments emanating from European institutions: the Commission decisions, the standards, guidelines, authorisations and so on issued by EU specialist agencies. I don't have figures for those, nor do I have comparable figures for Irish specialist agencies either. In any event, those things mostly concern minor technical matters of little political import.

    That leaves us with a total of (113 + 718) = 831 EU directives and regulations in 2008.

    The figure for Irish legislation in the same year was 25 acts and 607 statutory instruments, or a total of 632 legislative instruments in all.

    If not even a single piece of Irish legislation was enacted to transpose an EU directive (which is generally the case), or in response to an EU regulation (which is sometimes the case - see the Chemicals Act 2008 for an example), even then, at an absolute rock-bottom minimum one could say that the EU contribution to the new legislation passed in 2008 was:

    (831)(100)/(831 + 632) = 56.8%

    In reality, however, the bulk of the EU directives will need to be transposed into Irish law. (In fact they all will, except in those cases where Irish legislation has already anticipated the requirements of the directive). An estimate of one piece of Irish legislation per EU directive is likely to be an under-estimate; let us also assume that not even a single one of the EU regulations gave rise to Irish legislation (which as I've already pointed out above was not true in at least one case). These assumptions give us an estimate of 113 items of Irish legislation that originated at EU level. This estimate is almost certainly too low, but I'll use it to generate a minimum figure:

    EU regulations: 718
    Irish acts/SI's implementing EU directives: 113
    Irish acts/SI's of national origin: (632 - 113) = 519

    The revised estimate of the EU contribution to legislation passed in 2008 then becomes:

    (831)(100)/(831 + 519) = 61.6%

    But for reasons explained above that figure is likely to be an underestimate. My gut feeling is that the true figure is probably in the 65-70% range, and I can't see how it could possibly be any less than 60%.

  2. #2
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    So you first count the Directives, then count the Irish legislation that turns those Directives into Irish law. One can see how that might give you a high figure!

    You may find this interesting for comparative purposes - or not, of course, since it suggests your 'gut feeling' of 60-70% is almost certainly grossly inaccurate.
    Never let the best be the enemy of the good.

  3. #3
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    Quote Originally Posted by Thoreau View Post
    I had great difficulty in believing the claims of Generation Yes on this issue - see:
    http://www.politics.ie/lisbon-treaty...mission-9.html
    So I decided to do a little research of my own, looking at legislation for 2008, the most recent year for which figures are available.

    In that year there were 113 EU directives and 718 EU regulations.

    Let us ignore all of the other legal and quasi-legal instruments emanating from European institutions: the Commission decisions, the standards, guidelines, authorisations and so on issued by EU specialist agencies. I don't have figures for those, nor do I have comparable figures for Irish specialist agencies either. In any event, those things mostly concern minor technical matters of little political import.

    That leaves us with a total of (113 + 718) = 831 EU directives and regulations in 2008.

    The figure for Irish legislation in the same year was 25 acts and 607 statutory instruments, or a total of 632 legislative instruments in all.

    If not even a single piece of Irish legislation was enacted to transpose an EU directive (which is generally the case), or in response to an EU regulation (which is sometimes the case - see the Chemicals Act 2008 for an example), even then, at an absolute rock-bottom minimum one could say that the EU contribution to the new legislation passed in 2008 was:

    (831)(100)/(831 + 632) = 56.8%

    In reality, however, the bulk of the EU directives will need to be transposed into Irish law. (In fact they all will, except in those cases where Irish legislation has already anticipated the requirements of the directive). An estimate of one piece of Irish legislation per EU directive is likely to be an under-estimate; let us also assume that not even a single one of the EU regulations gave rise to Irish legislation (which as I've already pointed out above was not true in at least one case). These assumptions give us an estimate of 113 items of Irish legislation that originated at EU level. This estimate is almost certainly too low, but I'll use it to generate a minimum figure:

    EU regulations: 718
    Irish acts/SI's implementing EU directives: 113
    Irish acts/SI's of national origin: (632 - 113) = 519

    The revised estimate of the EU contribution to legislation passed in 2008 then becomes:

    (831)(100)/(831 + 519) = 61.6%

    But for reasons explained above that figure is likely to be an underestimate. My gut feeling is that the true figure is probably in the 65-70% range, and I can't see how it could possibly be any less than 60%.
    It is currently 78%-80% approx and will become 100% by 2012, once we ratify Lisbon.
    Last edited by europeasone; 7th July 2009 at 08:53 PM.
    The public eye's are wide shut....

  4. #4
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    Quote Originally Posted by ibis View Post
    So you first count the Directives, then count the Irish legislation that turns those Directives into Irish law. One can see how that might give you a high figure!
    We'll do it once more for those who weren't paying attention first time:

    EU regulations: 718 [NB 'regulations'. Not 'regulations and directives']
    Irish acts/SI's implementing EU directives: 113 [same as the no. of EU directives]
    Irish acts/SI's of national origin: (632 - 113) = 519 [= total number of Irish legislative instruments, minus the number of those attributed to the transposition of EU directives]

    Giving the following minimum estimate:
    (831)(100)/(831 + 519) = 61.6%

    If there is any flaw in the figures or reasoning, feel free to point it out. But please read what I have written first.

  5. #5
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    In my original post I estimated the number of Irish laws that had their origin in EU legislation during 2008 as 113 - based purely on an arbitrary guess that each EU directive would generate at least one Irish regulation.

    I have now reviewed the SIs for 2008 and can say that a minimum of 132 of them were transposing EU legislation. That figure is based on the titles of the regulations in question (see my next message for a list) and I believe that figure will rise still further when the content of some of the other acts and SIs is examined.

    But for the moment I'll take 132 as a minimum figure for Irish legislation originating in Brussels. The following figures then apply:

    A. EU regulations: 718
    B. Irish SI's implementing EU legislation: 132
    C. Irish acts/SI's of national origin: (632 - 132) = 500

    This gives the following minimum estimate for Brussels-inspired legislation during 2008:
    (A + B)(100)/(A + B + C) = 63.0%
    Last edited by Thoreau; 7th July 2009 at 02:06 AM.

  6. #6
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    Irish SIs from 2008 that originated in Brussels

    S.I. No. 2/2008 — European Communities (Foot and Mouth Disease) (Restriction on Imports from Cyprus) (Amendment) Regulations 2008
    S.I. No. 3/2008 — European Communities (Foot and Mouth Disease) (Restriction on Imports from the United Kingdom) (No. 2) Regulations 2008
    S.I. No. 6/2008 — European Communities (Cosmetic Products) (Amendment) Regulations 2008
    S.I. No. 7/2008 — European Communities (Avian Influenza) (Precautionary Measures) Regulations 2008
    S.I. No. 11/2008 — European Communities (Phytosanitary Measures) (Brown Rot in Egypt) (Amendment) Regulations 2008
    S.I. No. 14/2008 — European Communities (Welfare of Farmed Animals) Regulations 2008
    S.I. No. 16/2008 — European Communities (Foot and Mouth Disease) (Restriction on Imports from Cyprus) (Amendment)(No. 2) Regulations 2008
    S.I. No. 17/2008 — European Communities (Avian Influenza) (Control on Imports) Regulations 2008
    S.I. No. 32/2008 — European Communities (Foot and Mouth Disease) (Restriction on Imports from Cyprus) (Amendment) (No. 3) Regulations 2008
    S.I. No. 33/2008 — European Communities (Restrictive Measures) (Democratic Republic of Congo) (Amendment) Regulations 2008

    S.I. No. 34/2008 — European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) Regulations 2008
    S.I. No. 35/2008 — European Communities (Authorization, Placing on the Market, Use and Control of Biocidal Products) (Amendment) Regulations 2008
    S.I. No. 37/2008 — European Communities (Pesticide Residues) (Amendment) Regulations 2008
    S.I. No. 40/2008 — European Communities (Food Additives Other Than Colours and Sweeteners) (Amendment) Regulations 2008
    S.I. No. 59/2008 — European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 2) Regulations 2008
    S.I. No. 60/2008 — European Communities (Maritime) (International Safety Management Code) Regulations 2008
    S.I. No. 61/2008 — European Communities (Railway Safety) Regulations 2008
    S.I. No. 62/2008 — European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008
    S.I. No. 64/2008 — European Communities (Democratic Peoples Republic of Korea) (Financial Sanctions) Regulations 2008
    S.I. No. 67/2008 — European Communities (Iran) (Financial Sanctions) Regulations 2008

    S.I. No. 83/2008 — European Communities (Restrictive Measures) (Democratic Peoples Republic of Korea) (Amendment) Regulations 2008
    S.I. No. 88/2008 — European Communities (Settlement Finality) Regulations 2008
    S.I. No. 89/2008 — European Communities (Public Limited Companies Directive 2006/68/Ec) Regulations 2008
    S.I. No. 91/2008 — European Communities (Vehicle Drivers Certificate of Professional Competence) Regulations 2008
    S.I. No. 94/2008 — European Communities (Purity Criteria on Food Additives Other Than Colours and Sweeteners) (Amendment) Regulations 2008
    S.I. No. 95/2008 — European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008
    S.I. No. 96/2008 — European Communities (Lawyers Establishment) (Amendment) Regulations 2008
    S.I. No. 97/2008 — European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 2008
    S.I. No. 100/2008 — European Communities (Approval and Registration of Dealers of Ovine Animals) Regulations 2008
    S.I. No. 102/2008 — European Communities (Evidence in Civil Or Commercial Matters) Regulations 2008

    S.I. No. 103/2008 — European Communities (Re-Use of Public Sector Information) (Amendment) Regulations 2008
    S.I. No. 111/2008 — European Communities (Belarus) (Financial Sanctions) Regulations 2008
    S.I. No. 116/2008 — European Communities (Civil Aviation Security) (Amendment) Regulations 2008
    S.I. No. 117/2008 — European Communities (Classical Swine Fever) (Restriction on Imports) (Amendment) Regulations 2008
    S.I. No. 123/2008 — European Communities (Agricultural Or forestry Tractors Type Approval) (Amendment) Regulations 2008
    S.I. No. 124/2008 — European Communities (Dehydrated Preserved Milk) (Amendment) Regulations 2008
    S.I. No. 127/2008 — European Communities (Names and Labelling of Textile Products) (Amendment) Regulations 2008
    S.I. No. 128/2008 — European Communities (Quantitative Analysis of Binary Textile Fibre Mixtures) (Amendment) Regulations 2008
    S.I. No. 133/2008 — European Communities (Bluetongue) Regulations 2008 Arrangement of Regulations
    S.I. No. 135/2008 — European Communities (Postal Services) (Amendment) Regulations 2008

    S.I. No. 143/2008 — European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations 2008
    S.I. No. 147/2008 — European Communities (Classical Swine Fever) (Restriction on Imports from Slovakia) Regulations 2008
    S.I. No. 148/2008 — European Communities (Swine Vesicular Disease) (Restriction on Imports from Italy) (Amendment) Regulations 2008
    S.I. No. 152/2008 — European Communities (Foot and Mouth Disease) (Revocations) Regulations 2008
    S.I. No. 157/2008 — European Communities (Cross-Border Mergers) Regulations 2008
    S.I. No. 161/2008 — European Communities (Insurance Mediation) (Amendment) Regulations 2008
    S.I. No. 163/2008 — European Communities (Classical Swine Fever) (Restriction on Imports from Slovakia) (No. 2) Regulations 2008
    S.I. No. 167/2008 — European Communities (Recognition of Professional Qualifications Relating to the Profession of Pharmacist) Regulations 2008
    S.I. No. 175/2008 — European Communities (Diseases of Animals) (Revocation) Regulations 2008
    S.I. No. 179/2008 — European Communities (Quality and Safety of Human Blood and Blood Components) (Amendment) Regulations 2008

    S.I. No. 195/2008 — European Communities (Mechanically Propelled Vehicle Entry Into Service) (Amendment) Regulations 2008
    S.I. No. 196/2008 — European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2008
    S.I. No. 197/2008 — European Communities (Passenger Car Entry Into Service) (Amendment) Regulations 2008.
    S.I. No. 213/2008 — European Communities (Agricultural Products) Regulations 2008
    S.I. No. 214/2008 — European Communities (Classical Swine Fever) (Restriction on Imports from Slovakia) (No. 2) (Amendment) Regulations 2008
    S.I. No. 219/2008 — European Communities (Water Policy) (Amendment) Regulations 2008
    S.I. No. 222/2008 — European Communities (Feedingstuffs Intended for Particular Nutritional Purposes) (Amendment) Regulations, 2008
    S.I. No. 227/2008 — European Communities (Milk Quota) Regulations 2008
    S.I. No. 229/2008 — European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008
    S.I. No. 230/2008 — European Communities (Consumer Information on Fuel Economy and Co2 Emissions of New Passenger Cars) (Amendment) Regulations 2008

    S.I. No. 239/2008 — European Communities (Internal Market in Natural Gas) (Bg) (Amendment) Regulations 2008
    S.I. No. 245/2008 — European Communities (Marketing of Meat of Bovine Animals Aged 12 Months Or Less) Regulations 2008
    S.I. No. 247/2008 — European Communities (Control of Salmonella in Laying Flocks of Domestic Fowl) Regulations 2008
    S.I. No. 248/2008 — European Communities (Motor Insurance) Regulations 2008
    S.I. No. 252/2008 — European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008
    S.I. No. 255/2008 — European Communities (Manufacture, Presentation and Sale of tobacco Products) (Amendment) Regulations 2008
    S.I. No. 261/2008 — European Communities (Health of Aquaculture Animals and Products) Regulations 2008
    S.I. No. 264/2008 — European Communities (Financial Checks) Regulations 2008
    S.I. No. 265/2008 — European Communities (Iran) (Financial Sanctions) Regulations (No. 2) 2008
    S.I. No. 269/2008 — European Communities (Export and Import of Certain Dangerous Chemicals) (Industrial Chemicals) (Enforcement) (Revocation) Regulations 2008

    S.I. No. 270/2008 — European Communities (Detergents) (Revocation) Regulations 2008
    S.I. No. 271/2008 — European Communities (Classification, Packaging and Labelling of Dangerous Preparations) (Amendment) Regulations 2008
    S.I. No. 272/2008 — European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) Regulations 2008
    S.I. No. 278/2008 — European Communities (Classical Swine Fever) (Restriction on Imports from Slovakia) (No. 2) (Revocation) Regulations 2008
    S.I. No. 280/2008 — European Communities (Internal Market in Electricity) (Electricity Supply Board) Regulations 2008
    S.I. No. 283/2008 — European Communities (Harmonisation of Technical Requirements and Administrative Procedures in the Field of Civil Aviation) Regulations 2008
    S.I. No. 287/2008 — European Communities (Export and Import of Certain Dangerous Chemicals) (Enforcement) (Revocation) Regulations, 2008
    S.I. No. 303/2008 — European Communities (Liberia) (Financial Sanctions) Regulations 2008
    S.I. No. 305/2008 — European Communities (Air Traffic Controller Licence) Regulations 2008
    S.I. No. 307/2008 — European Communities (Supplementary Protection Certificate) Regulations 2008

    S.I. No. 309/2008 — European Communities (Measuring Instruments) Regulations 2008
    S.I. No. 310/2008 — European Communities (Free Movement of Persons) (Amendment) Regulations 2008
    S.I. No. 311/2008 — European Communities (Vehicle Testing) (Amendment) Regulations 2008
    S.I. No. 316/2008 — European Communities (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) (Amendment) Regulations 2008
    S.I. No. 327/2008 — European Communities (Avian Influenza) (Control on Imports from Croatia and Switzerland) Regulations 2008
    S.I. No. 328/2008 — European Communities (Protection Measures in Relation to Highly Pathogenic Avian Influenza of the Subtype H5n1 in Poultry) Regulations 2008
    S.I. No. 347/2008 — European Communities (Control on Mussel Fishing) Regulations 2008
    S.I. No. 348/2008 — European Communities (Single-Member Private Limited Companies) (Amendment) Regulations 2008
    S.I. No. 351/2008 — European Communities (Classification, Packaging and Labelling of Plant Protection Products and Biocide Products) (Amendment) Regulations 2008
    S.I. No. 352/2008 — European Communities (Classical Swine Fever) (Restriction on Imports) (Amendment) (No. 2) Regulations 2008

    S.I. No. 359/2008 — European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008
    S.I. No. 362/2008 — European Communities (Safeguard Decisions Relating to Avian Influenza, Newcastle Disease, Foot and Mouth Disease, Classical Swine Fever, African Swine Fever, Swine Vesicular Disease and Bluetongue) (Miscellaneous Revocations) Regulations 2008
    S.I. No. 365/2008 — European Communities (Control of Organisms Harmful to Plant and Plant Products) (Amendment) Regulations 2008
    S.I. No. 367/2008 — European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 2) Regulations 2008
    S.I. No. 368/2008 — European Communities (Pesticide Residues) (Amendment) (No. 2) Regulations 2008
    S.I. No. 369/2008 — European Communities (Additives, Colours and Sweeteners in Foodstuffs) (Amendment) (No. 3) Regulations 2008
    S.I. No. 370/2008 — European Communities (Cosmetic Products) (Amendment) (No. 2) Regulations 2008
    S.I. No. 371/2008 — European Communities (Dangerous Substances and Preparations) (Marketing and Use) (Amendment) Regulations 2008
    S.I. No. 389/2008 — European Communities (Feedingstuffs Intended for Particular Nutritional Purposes) Regulations, 2008
    S.I. No. 392/2008 — European Communities (Foodstuffs) (Accession of Bulgaria and Romania) Regulations 2008

    S.I. No. 393/2008 — European Communities (Directive 2006/100/Ec) (Recognition of Bulgarian and Romanian Medical Qualifications) Regulations 2008
    S.I. No. 395/2008 — European Communities (Control on Mussel Seed Fishing) (Amendment) Regulations 2008
    S.I. No. 406/2008 — European Communities (Lifts) (Amendment) Regulations 2008
    S.I. No. 407/2008 — European Communities (Machinery) Regulations 2008
    S.I. No. 408/2008 — European Communities (Compulsory Licensing of Patents Relating to the Manufacture of Pharmaceutical Products for Export to Countries With Public Health Problems) Regulations 2008
    S.I. No. 417/2008 — European Communities (Safeguard Decisions) (Avian Influenza) (Miscellaneous Revocations) Regulations 2008
    S.I. No. 424/2008 — European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations 2008
    S.I. No. 426/2008 — European Communities (Common Rules for the Operation of Air Services in the Community) Regulations 2008
    S.I. No. 454/2008 — European Communities (Zimbabwe) (Financial Sanctions) Regulations 2008
    S.I. No. 456/2008 — European Communities (Authorization, Placing on the Market, Use and Control of Biocidal Products) (Amendment) (No. 2) Regulations 2008

    S.I. No. 464/2008 — European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008
    S.I. No. 466/2008 — European Communities (Control of Dangerous Substances in Aquaculture) Regulations 2008
    S.I. No. 470/2008 — European Communities (Identification and Registration of Pigs) Regulations 2008.
    S.I. No. 473/2008 — European Communities (Democratic Republic of Congo) (Financial Sanctions) Regulations 2008
    S.I. No. 475/2008 — European Communities (Liberia) (Financial Sanctions) Regulations (No. 2) 2008
    S.I. No. 480/2008 — European Communities (Tax Exemption for Certain Non-Commercial Goods Imported in the Personal Luggage of Travellers from Third Countries) Regulations 2008
    S.I. No. 481/2008 — European Communities (Restrictive Measures) (Iran) (Amendment) Regulations 2008
    S.I. No. 489/2008 — European Communities (Recognition of Professional Qualifications Relating to the Profession of Pharmacist) (No. 2) Regulations 2008
    S.I. No. 513/2008 — European Communities (Cat and Dog Fur) (Restriction on Trade) Regulations 2008
    S.I. No. 517/2008 — European Communities (Foodstuffs) (Accession of Bulgaria and Romania) (Amendment) (No. 2) Regulations 2008

    S.I. No. 525/2008 — European Communities (European Order for Payment) Regulations 2008
    S.I. No. 526/2008 — European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) (Amendment) Regulations 2008
    S.I. No. 533/2008 — European Communities (European Small Claims Procedure) Regulations 2008
    S.I. No. 541/2008 — The European Communities (Lawyers Establishment) Regulations 2003 (Qualifying Certificate 2009) Regulations 2008
    S.I. No. 547/2008 — European Communities (Environmental Liability) Regulations 2008
    S.I. No. 550/2008 — European Communities (International Criminal Tribunal for the former Yugoslavia (Icty)) (Financial Sanctions) Regulations 2008
    S.I. No. 564/2008 — European Communities (Marketing of Vegetable Propagating and Planting Material, Other Than Seed) (Amendment) Regulations 2008
    S.I. No. 565/2008 — European Communities (Pesticide Residues) Regulations 2008
    S.I. No. 566/2008 — European Communities (Prepacked Products) Regulations 2008
    S.I. No. 572/2008 — European Communities (Mergers and Divisions of Companies) (Amendment) Regulations 2008

    S.I. No. 578/2008 — European Communities (Electro-Medical Equipment Used in Human Or Veterinary Medicine) (Revocation) Regulations 2008
    S.I. No. 591/2008 — European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008

  7. #7
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    Quote Originally Posted by ibis View Post
    So you first count the Directives, then count the Irish legislation that turns those Directives into Irish law. One can see how that might give you a high figure!

    You may find this interesting for comparative purposes - or not, of course, since it suggests your 'gut feeling' of 60-70% is almost certainly grossly inaccurate.
    I love the way you spring into any Lisbon Thread... kinda like OMM into Libertas ones pre June 09 .... any vested interest?

  8. #8
    Politics.ie Regular Panopticon's Avatar
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    Anyone who supports Lisbon must have a vested interest!

    http://www.politics.ie/lisbon-treaty...ntolerant.html

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    Quote Originally Posted by Panopticon View Post
    Anyone who supports Lisbon must have a vested interest!

    http://www.politics.ie/lisbon-treaty...ntolerant.html
    Or an interesting vest.
    A poster of some consequence...

  10. #10
    He3
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    Quote Originally Posted by Thoreau View Post
    In my original post I estimated the number of Irish laws that had their origin in EU legislation during 2008 as 113 - based purely on an arbitrary guess that each EU directive would generate at least one Irish regulation.

    I have now reviewed the SIs for 2008 and can say that a minimum of 132 of them were transposing EU legislation. That figure is based on the titles of the regulations in question (see my next message for a list) and I believe that figure will rise still further when the content of some of the other acts and SIs is examined.

    But for the moment I'll take 132 as a minimum figure for Irish legislation originating in Brussels. The following figures then apply:

    A. EU regulations: 718
    B. Irish SI's implementing EU legislation: 132
    C. Irish acts/SI's of national origin: (632 - 132) = 500

    This gives the following minimum estimate for Brussels-inspired legislation during 2008:
    (A + B)(100)/(A + B + C) = 63.0%

    Very interesting - thanks.
    'Personally, I find the notion of changing our constitution in exchange for a loan absolutely disgusting'. - Tin Foil Hat

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