Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Question 80: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if in the context of the transposition of the Services Directive 2006/123/EC, which has to be passed into law here with a deadline of December 2009, she will permit an opportunity for the Houses of the Oireachtas to discuss the proposed legislative provisions, rather than the proposal set out in her consultation document which provided for transposition of this directive by way of statutory instrument; and if she will make a statement on the matter. [32397/09]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

Directive 2006/123/EC on services in the internal market ("Services Directive") was agreed at European level by way of a co-decision by the European Parliament and the Council of Ministers in December 2006.

The negotiation process leading to the adoption of the Directive was lengthy and complex and involved extensive consultation with all key national stakeholders. The draft Directive was the subject of debates in the Dail on 25th and 26th of January 2006 and in the Seanad (on employment issues) on 25th January 2006. Ireland supports the Directive, as adopted, as a good basis for creation of a single market in services that will benefit both Irish service providers and Irish consumers.

The work being done now is largely technical, in terms of how to give effect in Irish law to what was agreed in 2006. The Directive must be brought into force by 28th December of this year.

I propose to bring the Directive into effect by way of statutory instrument, under the European Communities Act 1972. This is the approach used for the majority of EU Directives and, in this case, will facilitate the transposition of the Directive by the due date. Work on the transposition of the Directive is well advanced and my Department has continued to consult widely. The Directive is unusual in that the transposition process involves a great deal of administrative work as well as legal drafting. The legal aspect of the transposition process will mainly involve ensuring that the provisions of the Directive are reflected in the transposing instrument. This work is detailed and technical and involves a great deal of co-operation with other Departments (which has been ongoing since the Directive was first proposed in 2004). The transposing legislation will faithfully reflect what is set out in the Directive.