Finian McGrath (Dublin North Central, Independent)
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Question 310: To ask the Minister for Foreign Affairs the legislation approved by Dail Éireann in 2007 and 2009 pertaining to his Department; and if he will list and clarify what originated from Brussels and what was purely national. [16332/09]

Micheál Martin (Cork South Central, Fianna Fail)
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In 2007 Dáil Éireann passed the European Communities Bill 2006 which was subsequently enacted as the European Communities Act 2007. This Act was enacted to take account of two landmark Supreme Court judgments (Browne v AG and Kennedy v AG) which required changes to be made in the way Ireland transposes EU measures into domestic law. While the Act related to the European Union, it did not relate to any particular EU measure.

In 2007 Dáil Éireann passed the Passports Bill 2007 which was subsequently enacted as the Passport Act 2008. The Act provides a comprehensive legislative basis for the regulation and issuance of Irish passports by the Minister for Foreign Affairs. The origin of this legislation was national.

In 2008 Dáil Éireann passed the Cluster Munitions and Anti-Personnel Mines Bill 2008 which was subsequently enacted as the Cluster Munitions and Anti-Personnel Mines Act 2008. The principal purpose of this Act is to make it a criminal offence – subject to certain exceptions - to use, develop, produce, acquire, possess, stockpile or transfer cluster munitions, explosive bomblets or anti-personnel mines, or to assist, encourage or induce any person to do so, and to provide for appropriate penalties, as required by the Convention on Cluster Munitions and the Anti-Personnel Mine Ban Convention. The Convention on Cluster Munitions was adopted at a diplomatic conference hosted by the Government in Dublin in May 2008. This legislation did not originate from Ireland's membership of the EU.

The 28th Amendment of the Constitution Bill was passed by Dáil Éireann on 29 April 2008 and by Seanad Éireann on 7 May 2008. The Bill contained the text of the proposed amendments to the Constitution to allow the State to ratify the Treaty of Lisbon. The referendum took place on 12 June when the proposed amendment was not approved by the electorate. This legislation emanated from a treaty adopted by the Member States of the European Union. In 2009 to date, no legislation has been brought forward by my Department.