Written answers
Thursday, 22 March 2007
Department of Communications, Energy and Natural Resources
EU Directives
5:00 pm
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 165: To ask the Minister for Communications, Marine and Natural Resources the laws and statutory instruments introduced on foot of European Communities treaties or on foot of Acts, or provisions of Acts, adopted by any institution of the European Communities or other body competent under those treaties since 1972 for breach of which a penalty up to and including a maximum fine of €500,000 or a term of imprisonment not greater than three years may apply. [11047/07]
Noel Dempsey (Meath, Fianna Fail)
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Given the very detailed nature of the Deputy's query it has not been possible to identify the information requested in the time available. My Department is looking into the matter and I will revert to him as soon as possible.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 166: To ask the Minister for Foreign Affairs the laws and statutory instruments introduced on foot of European Communities treaties or on foot of Acts, or provisions of Acts, adopted by any institution of the European Communities or other body competent under those treaties since 1972 for breach of which a penalty up to and including a maximum fine of €500,000 or a term of imprisonment not greater than three years may apply. [11054/07]
Dermot Ahern (Louth, Fianna Fail)
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My Department has never introduced secondary legislation on foot of the EC Treaties or on foot of measures adopted by the EU Institutions that create penalties, including penalties of the kind referred to in the Deputy's question.
Insofar as primary legislation is concerned, my Department has recently introduced the European Communities Bill 2006 (Seanad), which seeks to address the implications of the Supreme Court judgements in the Browne and Kennedy cases on the way EC measures are transposed into domestic law. The European Communities Bill will not, in itself, create offences for breaches of EC law, but will provide Ministers with a new power to create indictable offences by statutory instrument, where this is necessary to implement EC law. The Bill will also validate a range of secondary legislation adopted in good faith by successive Governments since 1973 in order to give effect to EC law. Finally, the Bill will permit Ministers to use existing primary legislation to create new regulations to implement EC measures, provided that the existing legislation relates to those areas covered by the EC measure.
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