Joe Costello (Dublin Central, Labour)
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Question 343: To ask the Minister for Justice, Equality and Law Reform the position the Irish delegation in the council has taken on the proposal for a council framework decision on combating racism and xenophobia, specifically in the Working Part on Substantive Criminal Law. [17398/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The proposal for a Council Framework Decision on combating racism and xenophobia was presented by the Commission in November 2001. From the outset, Ireland took a positive approach to the negotiations on the proposal. The primary Irish objective in the negotiations was to ensure that our constitutional guarantee of freedom of expression was not compromised. Following extensive discussions, in April 2003 the then Presidency conceded that it was unable to obtain final agreement on the proposal. In preparation for the Irish Presidency in 2004, I visited the Capitals of Member States for an exchange of views with Justice and Interior Ministers on many issues relevant to our Presidency, including whether there was any realistic chance that agreement could be reached on this Framework Decision. As it was clear to me that positions had not changed, and it was unlikely that they would change in the timeframe of the Irish Presidency, I reluctantly concluded that attempting to initiate further discussions at that stage would divert resources which would be better concentrated on issues where there was a possibility of agreement. A subsequent attempt to obtain agreement on the proposal failed. I hope it will not be too long before all Member States are in a position to agree a final text. At that time I will seek the approval of the Government and the Houses of the Oireachtas to it.