Brendan Howlin (Wexford, Labour)
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Question 100: To ask the Minister for Social and Family Affairs the position with regard to his discussions with the European Commission regarding the Government's implementation of the two year habitual residence requirement in regard to qualification for social welfare benefits; if he intends to introduce changes to the requirement; and if he will make a statement on the matter. [37208/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU member states without the transitional limitations which were being imposed at that time by many of the other member states. The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland, regardless of citizenship, nationality, immigration status or any other factor. The EU Commission wrote to the Government on 22 December 2004 raising a number of issues concerning its compliance with EU law in relation to workers and their families.

Officials from this Department and the Attorney General's office met with Commission officials on 15 May last to discuss the issues raised and explained that the operation of the new condition was fully in line with the criteria set out in European Court of Justice case law.

These are: the length and continuity of residence in a particular country; the length and purpose of absence from Ireland; the nature and pattern of the employment; the applicant's main centre of interest; and the future intention of applicant concerned as it appears from all the circumstances.

In addition, full consideration is given in the decision making process to the requirements of EU legislation regarding free movement of workers within the European Economic Area. Rules which apply to migrant workers, that is persons who have taken up employment in Ireland following their arrival here, are strictly observed.

A formal response by the EU Commission to the points made is still awaited. It is expected that the Commission's examination of the matter will be concluded to the satisfaction of both parties by the end of this year. There are no plans to remove the habitual residence condition. Its operation has and continues to be monitored constantly by my Department.

Account is being taken of the views received from various groups and organisations who have an interest in the area. If I consider that it is necessary to make changes I will bring forward proposals to Cabinet. I expect the review to be completed by the end of the year.