Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 489: To ask the Minister for Justice, Equality and Law Reform the steps he is taking to fully implement European Directive 2004/38/EC; the communication between him and the European Commission on the issue; and if he will make a statement on the matter. [29257/09]

Dermot Ahern (Louth, Fianna Fail)
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The European Directive 2004/38/EC was transposed into Irish law by the European Communities (Free Movement of Persons) Regulations 2006 (S.I. 226 of 2006) which took effect on 28 April 2006. The Regulations were amended in December 2006 by the European Communities (Free Movement of Persons) (No.2) Regulations (S.I. 656 of 2006) in the light of the accession of Bulgaria and Romania to the EU on 1 January 2007. The Regulations were further amended on 31 July 2008 by S.I. 310 of 2008 following the ruling on 25 July 2008 by the European Court of Justice in the case of Metock and Others (ECJ Ref No C-127/08). This amendment removed the requirement for prior lawful residence by the non-EEA family member in another Member State before coming to Ireland.

Since last Autumn an Experts Group chaired by the EU Commission has been meeting to consider the operation of the Directive. My Department has actively participated in that Group. The Commission has circulated a report on the transposition of the Directive across the Member States. There are also individual country reports and conformity studies examining the transposition of the Directive. The Commission has also circulated, on 2 July 2009, guidelines on various operational aspects of the Directive. This document is of particular importance in promoting a concerted action to combat abuse of the Directive. Those documents are being considered by my officials. The Commission has indicated that it intends to meet each Member State, including Ireland, to discuss the operation of the Directive.