Mary Upton (Dublin South Central, Labour)
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Question 155: To ask the Minister for Justice, Equality and Law Reform the reason the Government has decided to opt out, along with the UK, from a new EU directive which proposes to make it a criminal offence for employers to employ illegal migrants; and if he will make a statement on the matter. [22510/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Treaty of Amsterdam which came into force on 1 May, 1999, added to the EC Treaty a new Title IV which deals with measures in the area of visas, immigration and other policies related to free movement of persons. The proposal in question is subject to Title IV of the Treaty, the application of which to Ireland is subject to the provisions of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaties.

It is not correct to say that Ireland has decided to "opt-out" of this proposed Directive. Under the Protocol Ireland has three months from the date a proposal is presented to Council to notify our intention to take part in the adoption and the application of such a measure. Ireland may also accept a measure any time after it has been adopted. While Ireland did not within the initial 3 months exercise its option the matter remains open.

Ireland continues to participate actively in the current discussions on the proposal at European level and my Department, in conjunction with other relevant Departments, is currently examining the issues raised by the proposal. The question of Ireland's participation in this measure will be determined following adoption of the Directive and Ireland's participation would require Oireachtas approval at that stage.

Ireland exercises its option to participate in Title IV measures to the maximum extent compatible with the maintenance of the Common Travel Area with the United Kingdom. Any proposals arising under Title IV are considered on their own merits.