Mary Coughlan (Donegal South West, Fianna Fail)

The legislation provides for a habitual residence requirement. There will be free movement of labour and people will have the same entitlements as Irish citizens. However, if one applies for social assistance under means tested schemes, one must meet the habitual residence requirement.

All citizens of the new accession states can live in Ireland as long as they are not a burden on the State. A number may transfer their pensions with them but they will have to take other issues into consideration, such as the standard of living and housing costs. One cannot travel here and be a burden on the State. If people travel here, apply to a CWO for social assistance and are not entitled to it, they will be repatriated following consultation with the Department of Justice, Equality and Law Reform if that is what they want. People who travel to work here will have the same benefits as every worker in the State. The difference relates to social assistance and this is the first time the habitual residence requirement has been adopted. The UK adopted it almost ten years ago and the test is based on sound EU law.

A Council of Ministers meeting was held two weeks ago. A case was taken by an American man, Francis Brian Collins, who held Irish citizenship, to vindicate his social welfare rights in the UK and the court dismissed his legal argument. The legislation will stand up on that basis. It had been criticised on the basis that it would not stand up to scrutiny under European law.