Written answers
Tuesday, 14 October 2008
Department of Justice, Equality and Law Reform
EU Directives
12:00 pm
Joe Costello (Dublin Central, Labour)
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Question 174: To ask the Minister for Justice, Equality and Law Reform the number of EU measures which have been transposed into primary or secondary legislation by his Department in the past 12 months; if he will list each measure; and if he will make a statement on the matter. [34638/08]
Joe Costello (Dublin Central, Labour)
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Question 175: To ask the Minister for Justice, Equality and Law Reform if there are EU measures in his Department which require to be transposed into Irish primary or secondary legislation; if so if he will detail those measures; when they were drafted by the EU Commission; when he will transpose them; and if he will make a statement on the matter. [34653/08]
Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 174 and 175 together.
I presume that the Deputy is referring to measures which are subject to potential infringement proceedings before the Court of Justice of the European Communities. The first table below sets out details of EU Directives which have been transposed by my Department in the last 12 months. The second table below sets out the position regarding EU Directives coming within my area of responsibility which require transposition:
| Directive Number | Directive Title | Transposition Deadline | Method of Transposition | Implementing Legislation | |
| 1 | 32005L0071 | Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research | 12/10/2007 | Administrative Measures | Scheme for Accreditation of Research Organisations (Council Directive 2005/71/EC regarding admission of third-country nationals for the purposes of scientific research) |
| 2 | 32004L0113 | Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services | 21/12/2007 | Primary legislation | The Directive was transposed into domestic law by means of amendments to the Equal Status Act, made by the Civil Law (Miscellaneous Provisions) Act 2008. The relevant sections were commenced on 20 July 2008. |
| 3 | 32006L0054 | Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) | 17/8/2008 | Existing legislation | National law is already in compliance with this Directive. |
| Directive Number | Directive Title | Transposition Deadline Date | Current Position | |
| 1 | 32006L0024 | Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC | 15/9/2007 | Part of the Directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005 and the remainder will be transposed by means of a statutory instrument, a draft of which has been published. It is anticipated that drafting will be completed later this month. |
| 2 | 32005L0085 | Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status | 1/12/2007 | Irish law and practice in this area is already substantially in compliance with the terms of this Directive. The Immigration, Residence and Protection Bill includes provisions to restate the law on refugee and other protection procedures with some amendments. These restatements are in compliance with Ireland's obligations under the Directive. |
| 3 | 32005L0060 | Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (Text with EEA relevance) | 15/12/2007 | The Money Laundering Bill is currently being drafted and the matter is being given priority. It is intended that it will be published during the current parliamentary session. |
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