Joe Costello (Dublin Central, Labour)
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Question 312: To ask the Minister for Justice, Equality and Law Reform his views on a recent European Court of Justice ruling (details supplied) and the stance of the EU Commission on EU competence to introduce measures requiring the creation of criminal offences and the imposition of criminal penalties in the domestic laws of Member States; if the issue has been considered by the Government and a formal Government position adopted; if the issue will fall to be considered in the context of future EU treaty changes; if he will report on domestic implications for the State; if an informed public debate is proposed on the issue; and if he will make a statement on the matter. [16868/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The judgment of the European Court of Justice to which the Deputy refers annulled Framework Decision 2003/80/JHA on the Protection of the Environment. In that case, the Court said that the Community legislature can provide for the imposition of criminal sanctions where it is necessary to do so to protect against serious environmental offences. The European Commission is advocating an interpretation of the judgment to suggest broad Community competence in criminal matters. I do not share the Commission's view. I consider that the judgement is of limited application. The indications are that many other Member States also believe the judgement is of limited application.

Ultimately, however, it is only the Court itself which can give further guidance on this matter. It is expected that the Court will do so in the context of another case before it at present (C-440/05 — Commission's Application to annul the Framework Decision on Ship Source Pollution). In this respect, the Government has recently approved Ireland's intervention on behalf of the Council on the basis that Ireland should argue for a limited interpretation of the judgment provided by the Court in relation to environmental offences.