Ruairi Quinn (Dublin South East, Labour)
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Question 208: To ask the Minister for Justice, Equality and Law Reform if he will confirm that EU Directive 2003/110/EC will be implemented before 5 December 2005; if the directive will not be implemented by said date; the reason Ireland will not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [36133/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air falls within Title IV of the Treaty of the European Union, the Amsterdam Treaty, and therefore does not automatically apply to Ireland or the UK unless and until we exercise a positive opt-in to the measure. As Ireland has not yet exercised its right in this regard, the final implementation date of the directive, 6 December 2005, does not apply to Ireland. It might be noted that neither has the UK exercised its right in this regard.

The specific approval of both Houses of the Oireachtas is required before Ireland can participate in the measure. Active consideration is being given to this matter and a decision will be made shortly in relation to seeking the approval of the Houses of the Oireachtas with regard to opting in to this and other return measures that fall under Title IV above.