Michael D Higgins (Galway West, Labour)
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Question 284: To ask the Minister for Justice, Equality and Law Reform if he will intervene to ensure the safe delivery of a person (details supplied); and the situation with the Dutch authorities. [22906/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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My Department has no record of an application for permission to remain in the State or for permission to enter the State from the person in question and no communication has been received from the Dutch authorities regarding his detention in the Netherlands. It should be noted that the fact that the person's parent has been granted permission to remain in the State under the IBC05 scheme does not in any way confer on him any entitlement or legitimate expectation to enter the State.

Liz McManus (Wicklow, Labour)
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Question 285: To ask the Minister for Justice, Equality and Law Reform his views on whether it is acceptable that families who have lived and worked here are being asked to leave on a technicality; the way he will enforce the provision of Regulation 3(2) which requires that in order to avail of residency rights under the Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland; if he envisages making exemptions to this rule when families have had children here and are living here and have had a vote in the general election here; and if he will make a statement on the matter. [22921/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (SI No. 656 of 2006) amended earlier regulations which transposed the European Directive (dated 29 April 2004) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. As provided for in Regulation 3(2) the Regulations do not apply to non-EEA family members unless they were lawfully resident in another EU Member State and they are seeking to accompany the EU citizen to Ireland or to join the EU citizen in Ireland. Consequently, non-EEA family members who do not satisfy the condition in Regulation 3(2) cannot benefit from the entitlements set out in the Regulations.

In cases where the non-EEA spouse of an EU citizen does not qualify for the entitlements as a result of Regulation 3(2) it is not the result in every such case that the right to remain in the State is refused and the non-EEA national must leave. Applicants who are refused under the above Free Movement Regulations may be entitled to permission to remain under national immigration measures and the outcome of each case depends on its particular circumstances. The persons who are required to leave the State are those who do not have permission to be in the State under EU or national measures or who were already under an instruction to leave. That requirement to leave the State does not arise from a technicality but relates to the unlawful presence of the person in the State. The Deputy refers to cases of families who had a vote in the general election. That would suggest that one of the family members is an Irish citizen (or possibly a British citizen) and if that is the case then there are other criteria apart from the above matters relating to any non-EEA family members of an Irish citizen who wish to remain in the State.