Written answers

Wednesday, 27 May 2009

Department of Justice, Equality and Law Reform

EU Directives

9:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 72: To ask the Minister for Justice, Equality and Law Reform the number of EU directives for which his Department has responsibility, remaining to be implemented; the directives which are overdue; and if he will make a statement on the matter. [21483/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has responsibility for seven EU directives which have to be implemented. There are four directives which are currently overdue as follows: Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. Irish law and practice in this area is already substantially in compliance with the terms of this directive. The Immigration, Residence and Protection Bill 2008 contains 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. The Bill is currently being considered by the Oireachtas.

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. Part of the directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. The remainder is to be transposed by means of primary legislation. The necessary legislation is being prepared as a matter of urgency and I expect to be in a position to publish the legislation in the near future.

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; and Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis. The necessary legislation to implement these two Directives is currently being drafted and is being given the highest priority. I expect to be in a position to publish the legislation in June.

There are three Directives which remain to be implemented. They are not overdue. They are: Directive 2008/51/EC of the European Parliament and of the Council of 21 May 2008 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons; Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles; Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

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