Jim O'Keeffe (Cork South West, Fine Gael)
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Question 221: To ask the Minister for Justice, Equality and Law Reform the steps in place, or proposed, to refuse, limit or restrict the right of citizens of other EU member states with serious criminal records from travelling into and remaining in Ireland; and if he will make a statement on the matter. [2461/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Freedom of movement is a fundamental right of European citizens enshrined in the EC Treaty. The intention behind this principle is the removal of all internal borders of the EU. The obligations on Member States to permit the free movement of European citizens are set out in Directive 2004/38/EC which is transposed into Irish law by the European Communities (Free Movement of Persons) (No. 2) Regulations 2006.

Provision is made in the Directive for a right of entry (in Article 5) to all Union Citizens to enter the territory of the Member state with the production of 'a valid identity card or passport'. The Article further provides that 'No entry visa or equivalent formality may be imposed'. The Directive also provides (in Article 27) that ' Member States may restrict the freedom of movement and residence of Union citizens', however, these measures 'shall comply with the principle of proportionality and shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for taking such measures'. The scope for a Member State to refuse entry to its territory is further restricted to the extent that the 'personal conduct of the individual concerned must represent a genuine, present and sufficiently serious threat...' and that ' Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted'.

Expulsion decisions by Member States on public policy or public security grounds are similarly restricted and may only be taken on 'serious grounds' following full consideration of the persons circumstances including 'how long the individual concerned has resided on its territory, his/her age, state of health, family and economic situation, social and cultural integration ... and the extent of his/her links with the country of origin'. As can be read from the foregoing, it is very difficult in EU law to impede the free movement of European Union citizens. I have concerns in this area and have relayed them to the European Commission. It is essential that something as valuable and important to the success of the EU is not undermined by persons who abuse the privilege.