Codification: Codification is sometimes used, in a general sense, to describe processes such as restatement and consolidation, which help bring all the relevant legislation on a particular topic into a single, updated text.

Consolidation: Consolidation is the process whereby the Oireachtas passes one, overall Act into which all previous Acts relating to a topic are collected. An example is the Social Welfare (Consolidation) Act, 1993.

Consumer & citizen: The terms consumer and citizen are used in this document and it is important to note that these are not interchangeable terms.

The term consumer means a private individual, participating in the market by buying goods and services for their own use.

The concept of a citizen denotes a fuller relationship between an individual and the State. In this White Paper, it is not used to denote nationality in any strict legal sense.

In situations where the State is a direct producer or supplier of particular goods or services to citizens and businesses, those citizens/businesses are also consumers.

Governance: Governance has been defined as "rules, processes and behaviour that affect the way in which powers are exercised…. particularly as regards openness, participation, accountability, effectiveness and coherence" (European Commission, European Governance - A White Paper, 2001). In this Paper the term refers to governance at all levels of Government: national, regional, local and - at times - at the level of specific economic sectors.

The Lisbon Objectives: These are the main targets which were adopted by the Heads of State and Government of EU Member States at their meeting in Lisbon in March 2000. The strategic goal agreed at Lisbon is to make the European economy the most competitive and dynamic knowledge-based economy in the world by 2010, i.e. to create an economy capable of sustainable development, with more and better jobs and stronger social cohesion.

These objectives are designed to focus the EU institutions and Member States on strengthening and deepening the European internal market, by preparing for the transition to a knowledge-based economy and society and promoting investment in research and innovation. Other objectives include promotion of entrepreneurship, support for Small to Medium Enterprises (SMEs), modernisation of the labour market and combating social exclusion. The Lisbon Objectives are the central theme at European Spring Council meetings, attended by Heads of State and Government.

Public Service Obligation (PSO): A PSO is an obligation placed by the State on a supplier to provide a service or to engage in an activity where it is not commercially attractive to do so, but which the State considers to be in the public interest. Examples of PSOs are to be found in local public transport services and regional air services.

Regulation: In this document we generally use "regulation" to mean primary legislation enacted by the Oireachtas and secondary legislation enacted by Ministers empowered under primary legislation. Depending on the context, it can also mean "to regulate" in the economic and social sense of the word. For example, "regulation of telecommunications" would be taken in a general sense to include ComReg (the Commission for Communications Regulation), the Department of Communications, Marine and Natural Resources and the body of regulation that governs telecommunications.

A wider definition of "regulation" would also include, in addition to Acts of the Oireachtas and Statutory Instruments, Bunreacht na hÉireann and the Treaties, rules and regulations of the European Union. Such a definition might also extend to subsidiary rules and regulations, such as those made by Local and Regional Authorities, and self-regulatory bodies with regulatory powers.

Regulation can also be used in a more specific sense to mean an EU "Regulation", as opposed to a Directive. This is a particular class of legal instrument made by the Council, Parliament or Commission and binding on Member States and their citizens.

It will be made clear in the document where these meanings are intended.

Regulatory capture: This is an economic term describing a situation where one operator (or group of operators) in the market uses its influence or resources to extract a regulatory decision, or lack of decision, for their own benefit rather than the benefit of society as a whole.
It is associated with patterns of behaviour on the part of a regulatory body in one, or a combination, of the following situations:

the regulatory body is tending to further producer interests over consumer interests.
the regulatory body has become overly protective towards the regulated entities.
the regulatory body is tending to adopt objectives that are very close to those of the entities it is supposed to regulate.

Regulatory Impact Analysis (RIA): RIA is an assessment of the likely effects of a proposed new regulation or regulatory change. It involves a detailed analysis to ascertain whether or not the new regulation would have the desired impact. It also helps to identify the side effects and any hidden costs associated with regulation. RIA clarifies the desired outcomes of the proposed regulatory change.

RIA promotes evidence-based policy-making by giving detailed consideration to the likely impacts of decisions, along with structured consultation with stakeholders and citizens.

RIA is not a substitute for decision-making. It is an approach which improves the quality of political and administrative decision-making, while providing openness, public involvement and accountability.

Regulatory Management and Better Regulation: Increasingly, these terms are being used to convey the concept of an ongoing commitment by Governments to improving regulation, e.g. the processes of policy formulation, legislative drafting and enhancing the overall effectiveness and coherence of regulation.

The idea of "Better Regulation" also helps to draw an important distinction between the wide regulatory reform agenda and the more specific issue of deregulation. In some cases, consumer, investor and the general public interest may be better served by new regulations, while in others it is better served by amending or removing regulations.

Regulatory Reform: Generally, this term describes, "changes that improve regulatory quality, i.e. enhance the performance, cost-effectiveness or legal quality of regulations and related government formalities" (OECD, Regulatory Reform in Ireland, 2001).

These can be changes in specific regulations governing markets and sectors, such as utilities - telecommunications, energy or transport. Alternatively, it can mean changes to the way regulations are formulated, enacted and enforced. Examples of these changes include: impact analysis techniques, the use of alternatives to regulation and "sunsetting" (see below).

Repeal and re-enactment: Repeal and re-enactment is the process whereby legislation can be repealed and re-cast in more coherent language, but with the same underlying policy. Repeal and re-enactment of secondary legislation can be undertaken by persons authorised by law to make secondary legislation.

Restatement: Restatement is the process used by the Attorney General to make updated versions of Acts of the Oireachtas, or earlier statutes, available. These versions, known as restatements, do not alter the substance of the law and, therefore, do not require Oireachtas approval. They are, in effect, administrative consolidations. They may, however, be cited in court and accepted in court as prima facie evidence of the legislation set out in them.

Sunsetting: Sunsetting is when, at the time a regulation is made, a specific date is set on which that regulation will expire unless it is re-made. This ensures that a regulation is formally reviewed at an agreed date in the future, to establish whether or not it is still valid, or if it could be improved, reduced or even revoked.

Universal Service Obligation (USO): A USO is a specific type of Public Service Obligation (PSO) - see above. It is an obligation placed by the State on a supplier to provide a service of a specified quality to all users throughout the country, irrespective of geographical location, at an affordable price. It is used particularly for network industries such as telecommunications and postal services. An example of a USO is where the price of posting a letter is the same irrespective of where in the country it is to be delivered. The cost of a USO is often met by some form of cross-subsidisation, whereby some users of the service pay more than the true cost of providing the service to them, so as to subsidise other users who pay less.

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