Emmet Stagg (Kildare North, Labour)
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Question 43: To ask the Minister for Social and Family Affairs the progress made in discussions with the EU Commission regarding the possibility of providing free travel passes to Irish pensioners resident abroad; and if he will make a statement on the matter. [7917/07]

Séamus Brennan (Dublin South, Fianna Fail)
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The free travel scheme is available to all people living in the State aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, also receive a free travel pass.

The scheme is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security invalidity or disability payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel.

The scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators.

The free travel scheme applies to travel within the State and point to point cross border journeys between here and Northern Ireland. A new All-Ireland Free Travel scheme will commence on 2nd April 2007. This scheme will allow seniors (aged 66 or over) resident in the Republic of Ireland to travel free of charge on all bus and rail services in Northern Ireland. Likewise, seniors (aged 65 or over) in Northern Ireland will travel free on participating services in the Republic of Ireland.

There have been a number of requests and enquiries in relation to the extension of entitlement to free travel in Ireland to Irish born people living outside Ireland, or to those in receipt of pensions from my Department, particularly in the UK, when they return to Ireland for a visit.

I have been advised that it would not be possible to extend entitlement to free travel simply to Irish born people living abroad as to do so would be contrary to European legislation which prohibits discrimination on the grounds of nationality. More recently, the European Commission has indicated that to extend the scheme to people in receipt of an Irish pension could also be considered discriminatory.

I have raised the issue with Commissioner Spidla and officials from my Department met with European Commission officials on two occasions in an effort to clarify the legal issues involved. I am keeping this issue under review and contacts with the European Commission are ongoing.