Emmet Stagg (Kildare North, Labour)
Link to this: Individually | In context

Question 26: To ask the Minister for Justice, Equality and Law Reform if the Government has decided to opt out from a new EU directive which makes it a criminal offence for employers to employ illegal migrants; the reason for this decision; and if he will make a statement on the matter. [34542/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

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. Under this 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. As the option is only used in a positive sense, "opting out" does not occur.

Although Ireland did not exercise its option to opt-in within the initial 3 months, a period which overlapped with the general election and the Oireachtas summer recess, this proposed directive is still under review in my Department in conjunction with the Department of Enterprise, Trade and Employment. Ireland continues to participate actively in the current discussions on the proposal at EU level. The question of Ireland's participation in this measure will be determined following the 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.