Ruairi Quinn (Dublin South East, Labour)
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Question 1105: To ask the Minister for Justice, Equality and Law Reform if EU Directive 2003/109/EC was implemented before 23 January 2006; if the directive was not implemented by 23 January 2006 the reason Ireland did not meets its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [1114/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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This instrument is based on Title IV of the treaty establishing the European Community which deals with visas, asylum, immigration and other policies related to free movement of persons. Ireland and the United Kingdom do not automatically participate in such measures and participation is on the basis of the protocol on the position of Ireland and the United Kingdom, annexed to the treaty on European Union and the treaty establishing the European Community. Ireland is not participating in the adoption of this instrument in accordance with Articles 1 and 2 of the protocol and without prejudice to Article 4 of the said protocol. The United Kingdom is not participating in the adoption of this Council directive either.

Ruairi Quinn (Dublin South East, Labour)
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Question 1106: To ask the Minister for Justice, Equality and Law Reform if EU Directive 2004/80/EC was implemented before 1 January 2006; if the directive was not implemented by 1 January 2006 the reason Ireland did not meet its obligations to implement this directive before the deadline; and if he will make a statement on the matter. [1115/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The directive in question is being implemented in Ireland via the existing national scheme of compensation for personal injuries criminally inflicted, which is an administrative scheme laid before both Houses of the Oireachtas and operated by the Criminal Injuries Compensation Tribunal, CICT. My Department is satisfied that legislative change is not necessary to give effect to the directive.

Under the existing national scheme of compensation, persons who suffer criminal injury as a result of a crime of violence in this jurisdiction enjoy equal access to compensation regardless of their country of origin. As such, the scope of the Irish scheme is in fact already broader than required by the directive, which applies only to persons habitually resident in one of the member states. I can also advise the Deputy that the Commission has been informed that the CICT is the deciding authority for such claims in Ireland and also that it will act as the assisting authority for persons resident in Ireland who wish to transmit a request for compensation to the national schemes of other member states, as envisaged by the directive. Consideration is also being given to the introduction of an explicit reference in the text of the scheme to the directive.