Darragh O'Brien (Dublin North, Fianna Fail)
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Question 361: To ask the Minister for Justice, Equality and Law Reform the additional measures in relation to immigration and asylum seekers that would come about with the ratification of the Lisbon Treaty. [22022/08]

Dermot Ahern (Louth, Fianna Fail)
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Title V of the Treaty on the Functioning of the European Union or Lisbon Treaty provides for an Area of Freedom, Security and Justice and contains the new measures in the fields of immigration and asylum. In particular, Article 78 of the Treaty deals with the common policy on asylum and contains measures for a common system on temporary protection, common procedures for granting asylum or subsidiary protection status, standards for the conditions for reception and cooperation with third countries for the management of the inflows of persons seeking protection. Article 79 deals with the common immigration policy and contains measures to standardise entry and residence to Member States including family reunification, defining the rights of third country nationals residing legally in a Member State, tackling illegal migration and combating human trafficking, in particular of women and children.

Darragh O'Brien (Dublin North, Fianna Fail)
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Question 362: To ask the Minister for Justice, Equality and Law Reform the measures in place to monitor and restrict if necessary immigration to Ireland from EU States, including Romania and Bulgaria, and non-EU States; and if those measures can be altered in line with economic activity and needs here. [22023/08]

Dermot Ahern (Louth, Fianna Fail)
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In terms of immigration procedures and controls, all European Union citizens coming to Ireland, including Bulgarian and Romanian nationals, are covered by the European Communities (FreeMovement of Persons) (No.2) Regulations 2006 (S.I. No. 656 of 2006) which are available at www.inis.gov.ie. Those Regulations transposed into Irish law the European Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.

EU citizens can enter Ireland on production of their passport or national identity card. They are not required to register with the Garda National Immigration Bureau.

The only restriction on Bulgarian and Romanian nationals, in contrast with other EU citizens, is that in accordance with the Government decision of 24 October 2006 they continue to require employment permits in order to participate in the Irish labour market unless they were already granted the right to work here for an uninterrupted period of 12 months or longer and availed of that right, or are otherwise exempt.

In contrast, in the case of a non-EEA national, entry to the State or residence within it is not a right. Each person seeking entry must obtain permission from an immigration officer. For nationals of visa-required countries a visa will be required before that person can travel to Ireland. In relation to permission to reside, save in exceptional cases, non-EEA nationals remaining in the State for longer than 3 months are required to register with the Garda National Immigration Bureau.

In terms of Ireland's general approach to immigration it is open to the State to adjust its policies on admission and residence in the light of economic or other circumstances. The State's discretion in this area is exercised by the Minister for Justice Equality and Law Reform.