Written answers

Tuesday, 26 February 2008

Department of Justice, Equality and Law Reform

EU Framework Decision

9:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 440: To ask the Minister for Justice, Equality and Law Reform his position on the proposal EU framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States; the proposals included in the proposed framework; the timetable for adoption at EU level; and if he will make a statement on the matter. [7866/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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At my request, the Government has given its approval for Ireland to agree to the adoption of the Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States, by the Council of Ministers of the EU. It has also authorised me, having regard to article 29.4.6 of the Constitution, to propose an appropriate motion in both Houses of the Oireachtas approving the Council Framework Decision, in advance of its adoption.

The Council Framework Decision:

i. Provides for the transmission of information on a conviction handed down against the national of another Member State by the Member State of conviction to the Member State of the person's nationality;

ii. Provides for the transmission by the Member State of nationality to other Member States, on request, of information on national convictions registered in the national criminal record, information on convictions handed down in other Member States against its nationals, information on convictions handed down in third countries, subsequently transmitted to the Member State of nationality and entered in the national criminal record; and

iii. Lays down the framework for a computerised conviction information exchange system between Member States to be built and developed on the basis of this Council Framework Decision and a subsequent Council Decision.

At its meeting on 12-13 June 2007, the Council of Ministers of the EU reached an agreement on a general approach on the proposal for a Council Framework Decision. Subsequently, negotiations on the Preamble to and the Form annexed to the proposal have been completed within the Council. The European Parliament has been re-consulted on the text of the proposal for a Council Framework Decision. It has been asked to deliver its opinion on the text by 26 April 2008.

I expect that the Council Framework Decision will be submitted to the Council of Ministers for adoption shortly after the 26 April deadline has expired, presuming that all general parliamentary scrutiny reservations on the proposal have been lifted. In that regard, the necessary procedures are being implemented in order for an appropriate motion to be put to both Houses of the Oireachtas approving the Council Framework Decision. Copies of the latest text of the Council Framework Decision were laid before both Houses on the 11th of February 2008.

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