Ireland Implemented 5,762 EU Laws via Statutory Instruments Since 1972

Gavan Reilly, in his new series «Politics by Numbers» for The Journal, highlights the significant role of Statutory Instruments (SIs) in implementing European law in Ireland. SIs are technical pieces of law issued by ministers to fill gaps in Acts passed by the Oireachtas, holding the full power of law when ministers are granted authority by the Oireachtas.

Since Ireland joined the European Economic Community in 1972, the European Communities Act 1972 has enabled Irish ministers to issue SIs to align with European rules. While some EU rules, like GDPR, are translated via Oireachtas Acts, many are implemented through SIs. As of writing, 5,762 European laws have taken effect in Ireland through ministerial SIs.

These SIs are used for various purposes, including implementing EU sanctions against Russia (20 times) and regulating areas like overseas travel statistics and honey marketing. Although Ireland contributes to EU decision-making, with unanimous sign-off required for sanctions and representation in the Council of Ministers and European Parliament, the final SIs often receive minimal scrutiny. Efforts by the Seanad to scrutinize draft SIs have largely failed.

Last year, 26% of all SIs were direct impositions under European laws. Despite mechanisms like the Lisbon Treaty's «yellow card» (used once in 2012) for national parliaments to raise concerns, and a single attempt in 2013 to overturn a European law, the process largely involves rubber-stamping. Reilly suggests media should scrutinize this process more as Ireland assumes the EU Council presidency.