Written answers
Thursday, 27 October 2005
Department of Justice, Equality and Law Reform
EU Directives
5:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 254: To ask the Minister for Justice, Equality and Law Reform the number of EU directives within his Department's competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non-transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31153/05]
Michael McDowell (Dublin South East, Progressive Democrats)
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No directives which come under the remit of my Department are overdue for transposition at this stage.
Seven directives have yet to be transposed. Two of these have deadlines for transposition in 2006 and two have 2007 deadlines. The remaining three directives are Schengen-related measures and as such the deadlines for transposition apply to Schengen member states only. Ireland is not a Schengen member state. However, following the Council decision of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen Acquis, work is underway to transpose the directives into Irish law.
We do not have readily accessible figures on Commission correspondence prior to February 2002 regarding directives which had passed the specified deadline for transposition into domestic legislation. However, from February 2002, we received letters of formal notice and-or reasoned opinions from the Commission on eight directives. In the case of one of those eight directives, Directive 2002/90/EC, the Commission has been informed that as the measure relates to an aspect of the Schengen Acquis in which Ireland does not participate the directive does not apply to Ireland. The other seven directives have been transposed into Irish legislation as set out in the following table.
| Directive No. | Title | Implementing legislation |
| Directive 1998/5/EC | Directive to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained | Solicitors (Amendment) Act, 2002 and European Communities (Lawyer's Establishment) Regulations 2003 |
| Directive 2001/97/EC | Directive amending Directive 91/308/EEC on the prevention of the use of the financial system for the purpose of money laundering | Criminal Justice Act, 1994 (Section 32) Regulations 2003 |
| Directive 2000/78/EC | Directive on the general framework for equal treatment in employment and occupation | Employment Equality Act, 1998 and Equality Act, 2004 |
| Directive 2000/43/EC | Directive implementing the principle of equal treatment between persons irrespective of racial or ethnic origin | Employment Equality Act, 1998 and Equal Status Act, 2000 and Equality Act, 2004 |
| Directive 2001/55/EC | Directive on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof | Refugee Act, 1996 and Child Care Act, 1991 |
| Directive 2003/8/EC | Directive to improve access to justice in cross-Border disputes by establishing minimum common rules relating to legal aid for such disputes | Civil Legal Aid Act, 1995 as amended and Civil Legal Aid Regulations of 1996 and 2002 |
| Directive 2002/90/EC | Directive defining the facilitation of unauthorised entry, transit and residence | This is a Schengen measure in which Ireland does not participate. The Commission was notified of this in April 2005. |
| Commission Directive 2004/57/EC | Commission Directive on the identification of pyrotechnics articles and certain ammunitions for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses | European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) (Amendment) Regulations 2005 |
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