Simon Coveney (Cork South Central, Fine Gael)
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Question 170: To ask the Minister for Social and Family Affairs the steps he will take to fulfil the commitment in the Agreed Programme for Government to urgently examine the introduction of free travel for Irish citizens of pension age particularly those resident in the UK when visiting Ireland and press the European Commission to examine a similar EU wide scheme; and if he will make a statement on the matter. [20810/07]

Martin Cullen (Waterford, 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. It 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.

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.

Legal advice indicates 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.

My predecessor Minister Brennan raised this issue with Commissioner Špidla last year and officials from my Department met with European Commission officials on a number of occasions in an effort to clarify the legal issues involved.

I will keep this issue under review in order to determine how best to advance our Programme for Government commitments.