Martin Mansergh (Tipperary South, Fianna Fail)
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Question 730: To ask the Minister for Social and Family Affairs the number of Acts passed by the Houses of the Oireachtas sponsored by his Department in each year from 2003 to 2007; the Acts which were legislation wholly or mainly required by Ireland's EU obligations, which were partly so required, and which had no significant or minimal reference to EU legislation; and if in the first two cases Ireland had significant discretion, as to the manner in which EU obligations were translated into domestic law. [1202/08]

Martin Cullen (Waterford, Fianna Fail)
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During the period 2003 to 2007, a total of thirteen (13) Acts, sponsored by the Department, were passed by the Houses of the Oireachtas. In general, these Acts contain the legislative basis of the Social Welfare code, and provide for the schemes and services operated by the Department, and through the agencies which come under its remit. None of these Acts were wholly or mainly necessitated by the State's EU obligations.

In recent years, however, these Acts have also facilitated amendments to the Pensions Act 1990 in relation to supplementary pension provision. In this regard the Social Welfare and Pensions Act 2005 amended the Pensions Act to provide for the implementation of Council Directive 2003/41/EC of 3 June 2003 on the activities and supervision of Institutions for Occupational Retirement Provision (IORP), generally referred to as the IORPs Directive.

The Social Welfare (Miscellaneous Provisions) Act 2004 also provided for the substitution of Part VII of the Pensions Act 1990. Part VII provided for equal treatment of men and women in Occupational Benefit Schemes. This new part further provided for the implementation of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Race Directive) and 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation (Framework Employment Directive) as they apply to Occupational Pensions.

In the course of implementing such Directives, officials from the Department sought advice from the Commission, where necessary, in relation to issues which arose regarding Ireland's interpretation of certain requirements. The Department was in a position to implement these Directives in full and within the required timeframe.

The Acts sponsored by the Department are as follows:

2003:

The Social Welfare (Miscellaneous Provisions) Act 2003 (No. 4 of 2003).

The Social Welfare Act 2003 (No. 41 of 2003).

2004:

The Civil Registration Act 2004 (No. 3 of 2004).

The Social Welfare (Miscellaneous Provisions) Act 2004 (No. 9 of 2004).

The Social Welfare Act 2004 (No. 41 of 2004).

2005:

The Social Welfare and Pensions Act 2005 (No. 4 of 2005).

The Social Welfare Consolidation Act 2005 (No. 26 of 2005).

The Social Welfare Act 2005 (No. 30 of 2005).

2006:

The Social Welfare Law Reform and Pensions Act 2006 (No. 5 of 2006).

The Social Welfare Act 2006 (No. 36 of 2006).

2007:

The Citizens Information Act 2007 (No. 2 of 2007).

The Social Welfare and Pensions Act 2007 (No. 8 of 2007).

The Social Welfare Act 2007 (No. 40 of 2007).