Written answers

Tuesday, 4 July 2006

Department of Justice, Equality and Law Reform

EU Regulations

12:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 602: To ask the Minister for Justice, Equality and Law Reform if he will confirm that Government decision S 29721 of 18 June 2002, to which he was party, authorised and instructed Government Departments to apply retrospectively EU Regulation 2064/97 back to 1994; and if he will make a statement on the matter. [26185/06]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 603: To ask the Minister for Justice, Equality and Law Reform if he personally was informed by officials prior to or at the related Cabinet meeting on 18 June 2002, that Government decision S 29721 authorised the retrospective application of EU Regulation 2064/97 back to 1994; and if he will make a statement on the matter. [26186/06]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 604: To ask the Minister for Justice, Equality and Law Reform if he will confirm that EU law, as a general rule, prohibits retrospective legislation; that EU law does not supersede the Irish Constitution where retrospective legislation is concerned; and if he will make a statement on the matter. [26189/06]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 605: To ask the Minister for Justice, Equality and Law Reform if, where fraud was alleged and the Gardaí were deployed solely as a consequence of the retrospective application of changed conditions by virtue of the late introduction of EU Regulations, Government Departments should have made clear to the Garda Bureau of Fraud Investigation and the accused the retrospective nature of the charge; that in follow up enquiries the relevant information should have been freely disclosed by Government Departments; that the citizen so damaged is entitled to his good name; that the Irish Constitution expects the State and its agents to undo the damage it has, even if unwittingly, been party to, even where legal remedy is available to the citizen; and if he will make a statement on the matter. [26190/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 602 to 605, inclusive, together.

The substantive matters to which these Questions relate are outside the remit of my Department. I am, therefore, not in a position to assist the Deputy.

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