Written answers
Tuesday, 6 November 2007
Department of Justice, Equality and Law Reform
EU Directives
9:00 pm
Lucinda Creighton (Dublin South East, Fine Gael)
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Question 475: To ask the Minister for Justice, Equality and Law Reform the EU Directives awaiting incorporation into Irish law in his Department; the deadline for incorporation; the date he foresees for implementation of each directive; and if he will make a statement on the matter. [27315/07]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The information requested by the Deputy is set out in the following table.
| EU Measure | Transposition date | Current position | |
| 1 | Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data | 6/09/2006 | The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The Immigration, Residence and Protection Bill will, in the main, provide the legislative vehicle for implementing the provisions of this Directive. |
| 2 | Council Directive 2005/85/EC of 1 December 2005, relating to the minimum standards concerning the procedure for granting and withdrawal of refugee status in the Member States | 1/12/20071/12/2008 (Article 15) | Irish law and practice in this area is already substantially in compliance with the terms of this Directive. The forthcoming Immigration, Residence and Protection Bill will include provisions to restate the law on refugee and other protection procedures with some amendments. This restatement will also be in compliance with Ireland's obligations under the Directive. |
| 3 | Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services | 21/12/2007 | It is intended that Council Directive 2004/113/EC will be transposed into domestic law by way of Committee Stage amendment to the Civil Law (Miscellaneous Provisions) Bill 2006, currently before the Oireachtas. |
| 4 | Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence | 5/12/2004 | The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The legislative changes required to transpose this Directive will be brought forward by means of the Criminal Justice (Miscellaneous Provisions) Bill which is expected to be published this year. |
| 5 | Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals | Original deadline 2/12/2002 | The transposition date does not apply to Ireland as this is a Schengen-related measure and therefore the deadline only applies to Schengen Member States. The instrument may be repealed by the draft Council Directive on common standards on procedures in Member States for returning illegally staying third country nationals. Discussions on this instrument are ongoing in Brussels. |
| 6 | Directive 2006/24/EC of 15 March 2006 of the European Parliament and Council on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC. | 15/9/2007 | Ireland is challenging the legal basis for this Directive before the European Court of Justice. Legal advice has been sought on the position in relation to transposition of this Directive. |
| 7 | Directive 2005/60/EC of the European Parliament and the Council of 26 October 2005 on the prevention of the use of financial systems for the purpose of money laundering and terrorist financing | 15/12/2007 | Preparation of the Heads of a Money Laundering Bill to transpose the requirements of Directive 2005/60/EC, the third money laundering Directive, is at an advanced stage. My Department is working closely with the Department of Finance on this proposed Bill. |
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