Written answers

Tuesday, 27 November 2007

Department of Foreign Affairs

Immigration Policy

8:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 66: To ask the Minister for Foreign Affairs if he has been party at European level to discussions amongst his fellow Ministers for Foreign Affairs on issues pertaining to immigration within the EU; his view of the decision taken by the Italian Government to allow Member States to expel citizens of another EU Member State under certain circumstances; and if he will make a statement on the matter. [30887/07]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Minister for Justice, Equality and Law Reform has primary responsibility for immigration policy and, in the EU context, these issues fall within the remit of the JHA Council.

The recent decision by the Italian Government to introduce an emergency decree, which provides for immediate expulsion of EU citizens believed to constitute a threat to public security, has not been discussed by either Justice and Home Affairs or Foreign Affairs Ministers of the EU.

EU nationals are entitled to free movement within the EU, as set out in Directive 2004/38/EC of the European Parliament and of the Council (the Free Movement Directive). This Directive has been transposed into Irish Law by the European Communities (Free Movement of Persons) (No. 2) Regulations 2006.

Rights to free movement within the EU are not absolute. For example, in Ireland, the Habitual Residence Condition restricts access to social welfare benefits for persons who have been here for less than 2 years. In addition, there are specific circumstances under which an EU citizen may be issued with an order to leave the State, or be excluded from entering the State for a specified period, for example, if the person refuses to comply with a requirement under Regulations relating to public policy, public security or public health.

Where an EU citizen is removed from, or restricted from entering Ireland, this is done in accordance with the provisions of the European Communities Free Movement of Persons Regulations.

The Italian Government have stated that their emergency decree is in accordance with EU Regulations and this has been accepted by the Commission.

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