Written answers
Wednesday, 30 January 2008
Department of Justice, Equality and Law Reform
Legislative Programme
8:00 pm
Martin Mansergh (Tipperary South, Fianna Fail)
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Question 1154: To ask the Minister for Justice, Equality and Law Reform 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. [1201/08]
Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The information requested by the Deputy is set out in the table:
| Name of Act passed | Wholly or mainly required by EU obligations | Partly required by EU obligations | Not required by EU obligations |
| 2003 | |||
| Data Protection (Amendment) Act 2003 (No. 6 of 2003) | This Act gives effect to Directive 95/46/EC which permits limited discretion to Member States in respect of certain matters. | — | — |
| Criminal Justice (Public Order) Act 2003 (No. 16 of 2003) | — | — | Not required |
| Criminal Justice (Illicit Traffic by Sea) Act 2003 (No. 18 of 2003) | — | — | Not required |
| Garda Síochána (Police Co-operation) Act 2003 (No. 19 of 2003) | — | — | Not required |
| European Convention on Human Rights Act 2003 (No. 20 of 2003) | — | — | Not required |
| Immigration Act 2003 (No. 26 of 2003) | — | Provided for the making of orders as necessary to give effect to Council Regulation (EC) No 343/2003 of 18 February, 2003 establishing the criteria and mechanisms for determining the Member State responsibility for examining an asylum application lodged in one of the Member States by a third-country national. | — |
| Intoxicating Liquor Act 2003 (No. 31 of 2003) | — | — | Not required |
| Criminal Justice (Temporary Release of Prisoners) Act 2003 (No. 34 of 2003) | — | — | Not required |
| European Arrest Warrant Act 2003 (No. 45 of 2003) | The European Arrest Warrant Act 2003 gives effect to the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States | — | — |
| 2004 | |||
| Immigration Act 2004 (No. 1 of 2004) | — | — | Not required |
| Private Security Services Act 2004 (No. 12 of 2004) | — | — | Not required |
| Tribunals of Enquiry (Evidence) (Amendment) Act 2004 (No. 13 of 2004) | — | — | Not required |
| Twenty-seventh Amendment of the Constitution Act 2004 | — | — | Not required |
| Child Trafficking and Pornography (Amendment) Act 2004 (No. 17 of 2006) | — | — | Not required |
| Name of Act passed | Wholly or mainly required by EU obligations | Partly required by EU obligations | Not required by EU obligations |
| 2004 — continued | |||
| Criminal Justice (Joint Investigation Teams) Act 2004 (No. 20 of 2004) | The Criminal Justice (Joint Investigation Teams) Act 2004 gives effect to Council Framework Decision 2002/465/JHA of 13 June 2002 on Joint Investigation Teams. | — | — |
| Commissions of Investigation Act 2004 (No. 23 of 2004) | — | — | Not required |
| Equality Act 2004 (No. 24 of 2004) | This Act gives effect to certain provisions of the EC anti-discrimination directives (the Race Directive 2000/43/EC, the Framework Employment Directive 2000/78/EC and the Gender Equal Treatment Directive 2002/73/EC) and EU regulations concerning the burden of proof in cases of discrimination based on sex. | — | — |
| Maternity Protection Act 2004 (No. 28 of 2004) | This Act also gives effect to EU regulations concerning the burden of proof in cases of discrimination based on sex. | — | — |
| Civil Liability and Courts Act 2004 (No. 31 of 2004) | — | — | Not required |
| Name of Act passed | Wholly or mainly required by EU obligations | Partly required by EU obligations | Not required by EU obligations |
| 2004 — continued | |||
| Intoxicating Liquor Act 2004 (No. 34 of 2004) | — | — | Not required |
| Irish Nationality and Citizenship Act 2004 (No. 38 of 2004) | — | — | Not required |
| 2005 | |||
| Proceeds of Crime (Amendment) Act 2005 (No. 1 of 2005) | — | — | Not required |
| Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005) | — | — | Not required |
| Disability Act 2005 (No. 14 of 2005) | — | — | Not required |
| Garda Síochána Act 2005 (No. 20 of 2005) | — | — | Not required |
| Adoptive Leave Act 2005 (No. 25 of 2005) | — | — | Not required |
| Transfer of Execution of Sentences Act 2005 (No. 28 of 2005) | — | Chapter 5 of the Title III of Schengen Convention — Ireland did not have significant discretion as to the manner in which these obligations were translated into domestic law.Additional Protocol to the European Convention on the Transfer of Sentenced Persons | — |
| Coroners (Amendment) Act 2005 (No. 33 of 2005) | — | — | Not required |
| 2006 | |||
| Criminal Law (Insanity) Act 2006 (No. 11 of 2006) | — | — | Not required |
| Registration of Deeds and Title Act 2006 (No. 12 of 2006) | — | — | Not required |
| Parental Leave (Amendment) Act 2006 (No. 13 of 2006) | — | — | Not required |
| Criminal Law (Sexual Offences) Act 2006 (No. 15 of 2006) | — | — | Not required |
| Criminal Justice Act 2006 (No. 26 of 2006) | — | Arises partly from EU requirement: Part 7 (Organised crime implements, interalia, the EU Joint Action 21 December, 1998 on making it a criminal offence to participate in a criminal organisation). | — |
| Name of Act passed | Wholly or mainly required by EU obligations | Partly required by EU obligations | Not required by EU obligations |
| 2006 — continued | |||
| International Criminal Court Act 2006 (No. 30 of 2006) | — | — | Not required |
| Europol (Amendment) Act 2006 (No. 37 of 2006) | This Act implements additional protocols to Europol Convention 1997 | — | — |
| 2007 | |||
| Courts and Court Officers (Amendment) Act 2007 (No. 4 of 2007) | — | — | Not required |
| Criminal Law (Sexual Offences) (Amendment) Act 2007 (No. 6 of 2007) | — | — | Not required |
| Prisons Act 2007 (No. 10 of 2007) | — | — | Not required |
| Criminal Justice Act 2007 (No. 29 of 2007) | — | — | Not required |
| Criminal Procedure (Amendment) Act 2007 (No. 36 of 2007) | — | — | Not required |
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