Joe Costello (Dublin Central, Labour)
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Question 460: To ask the Minister for Justice, Equality and Law Reform the areas in which Ireland exercises opt-outs and opt-ins from treaty provisions; the instances in which opt-outs and opt-ins have been availed of; if an assessment has been carried out by his Department of the use, value and effectiveness of such provisions; and if he will make a statement on the matter. [25963/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Ireland is entitled to exercise an opt-in for measures coming within Title IV of the Treaty establishing the European Community, covering the areas of visas, asylum, immigration and civil law. Insofar as these measures apply to my Department, the list below sets out the Title IV measures where Ireland has opted in. The decision on whether to opt in to a particular measure is considered on a case by case basis. This is an ongoing process. I will continue to ensure that each measure is thoroughly examined in line with the Declaration annexed to the Treaty of Amsterdam where it is stated that Ireland would seek to participate in Title IV measures to the maximum extent compatible with the maintenance of the Common Travel Area.

Summary position in relation to decisions by Ireland regarding opt-ins in asylum, immigration and civil law areas

1. Asylum

1.Decision 2000/596/EC on European refugee fund (OJ 2000 L 252/12)

2.Regulation 2725/2000 on Eurodac (OJ 2000 L 316/1) and — Regulation 407/2002 implementing Eurodac Regulation (OJ 2002 L 62/1)

3.Directive 2001/55 on temporary protection (OJ 2001 L 212/12)

4.Dublin II Regulation 343/2003 (OJ 2003 L 50/1) and — Commission Regulation 1560/2003 implementing Dublin II (OJ 2003 L 222/3)

5.Directive 2004/83 on refugee/subsidiary protection definition and content (OJ 2004 L 304/12)

6.Decision on second European Refugee Fund (OJ 2004 L 381/52)

7.Directive 2005/85 on asylum procedures (OJ 2005 L 326/13)

8.Refugee Fund Decision (OJ 2007 L 144/1)

2. Legal Migration

1.Regulation 1030/2002 on residence permit format (OJ 2002 L 157/1)

2.Regulation 859/2003 on 3rd-country nationals' social security (OJ 2003 L 124/1)

3.Directive 2005/71 on admission of researchers (OJ 2005 L 289/15)

4.Decision on asylum and immigration information exchange (OJ 2006 L 283/40)

5.Decision establishing European integration Fund (OJ 2007 L 168/18)

3. Borders and Visas

1.Regulation 333/2002 on visa stickers for persons coming from unrecognised entities (OJ 2002 L 53/4)

2.Regulation 334/2002 amending Regulation 1683/95 on common visa format (OJ 2002 L 53/7)

4. Irregular Migration

1.Decision on joint flights for expulsion (OJ 2004 L 261/28)

2.Return Fund Decision (OJ 2007 L 144/45)

5. External treaties

1.Hong Kong (OJ 2004 L 17/23): in force 1.3.04 (OJ 2004 L 64/38)

2.EC/Norway/Iceland re: Dublin Convention (OJ 2001 L 93)

3.Dublin treaty with Denmark: in force, 1.4.2006 (OJ 2006 L 66/38):

6. Institutional Decision

1.Decision changing decision-making rules on immigration and asylum (OJ 2004 L 396/47)

7. Civil Law

1.Council Regulation (EC) No 1347/2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses ("Brussels II").

2.Council Regulation (EC) No 1348/2000 on the service of judicial and extra-judicial documents in civil and commercial matters

3.Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I")

4.Council Regulation (EC) 290/2001 extending the programme of incentives and exchanges for legal practitioners in the area of civil law (Grotius –Civil — now expired)

5.Council Decision establishing a European Judicial Network in civil and commercial matters

6.Council Regulation (EC) No 1206/2001 on co-operation between the courts of the Member States in the taking of evidence in civil and commercial matters

7.Council Regulation (EC) No 743/2002 establishing a general framework for Community activities to facilitate the implementation of judicial cooperation in civil matters

8.EC Council Regulation No.1346/2000 on Insolvency Proceedings (corporate insolvency elements of this fall within the remit of the Department of Enterprise, Trade and Employment while bankruptcy as such is dealt with by the Department of Justice, Equality and Law Reform)

9.Proposal for a Council Regulation on the mutual enforcement of judgments on rights of access to children (subsumed into 12 below)

10.Proposal for a Council Regulation on jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility (subsumed into 12 below)

11.Council Directive 2002/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes

12.Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No. 1347/2000 ("Brussels II Bis")

13.Regulation (EC) No 805/2004 of the European Parliament and of the Council creating a European Enforcement Order for Uncontested Claims

14.Council Directive 2004/80/EC relating to compensation to crime victims

15.Council Decision on the accession of the Community to the Hague Conference on Private International Law (2006/719/EC)

16.Regulation (EC) No 1896/2006 of the European Parliament and of the Council creating a European Order for Payment Procedure

17.Regulation (EC) No 864/2007 of the European Parliament and the Council on the Law Applicable to Non-Contractual Obligations ("Rome II")

18.Regulation (EC) No 861/2007 of the European Parliament and of the Council creating a European small claims procedure

19.Decision 1150/2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme "Civil Justice" as part of the general programme "Fundamental Rights and Justice

20.Proposal for a Directive of the European Parliament and of the Council on certain aspects of mediation — COM (2004) 718

21.Proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of judgments and cooperation in matters relating to maintenance obligations — COM (2005) 649

22.Council Decision calling on the Council to provide for measures relating to maintenance obligations taken under Article 65 of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty — COM (2005) 648

23.Proposal for a Regulation of the European Parliament and of the Council on the law applicable to contractual obligations ("Rome I") — COM (2005) 650