Jim O'Keeffe (Cork South West, Fine Gael)
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Question 375: To ask the Minister for Justice, Equality and Law Reform the action he proposes to taken in regard to an EU Commission proposal for a directive on common standards and procedures in member states for returning illegally staying third country nationals; and if he will make a statement on the matter. [27917/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I presume the Deputy refers to the recent proposal from the European Commission for a directive on common standards and procedures in member states for returning third country nationals staying illegally on their territories. The objective of the proposal is to provide for clear, transparent and fair common rules concerning return, removal, use of coercive measures, temporary custody and re-entry of third country nationals which fully take into account the human rights and fundamental freedoms of the persons concerned.

This proposal falls within title IV of the TUE treaty and therefore does not automatically apply to Ireland or the United Kingdom. The proposal constitutes a development of the Schengen acquis and, as a result, Iceland, Norway and Switzerland will also participate. The specific approval of both Houses of the Oireachtas is required before Ireland can participate in the measure and a decision on the matter will be made in due course.