Written answers

Thursday, 25 March 2010

Department of Justice, Equality and Law Reform

EU Directives

5:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)
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Question 44: To ask the Minister for Justice, Equality and Law Reform the number of EU directives for which his Department has responsibility that remain to be implemented; if he will list the directives that are now overdue; and if he will make a statement on the matter. [13015/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has responsibility for six EU Directives which have to be implemented. There are four Directives which are currently overdue as follows: Council Directive 2005/85/EC on 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status. The minimum standards on procedures required by this Directive are operated by the State in its national provisions and procedures, and therefore, the State is substantially in compliance with the Directive in law and practice. The Immigration, Residence and Protection Bill 2008, which is currently before the Oireachtas, includes provisions to revise the law on refugee and other protection procedures and this revision will be in compliance with the terms of the Directive. 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 this Directive is covered by Part 7 of the Criminal Justice (Terrorist Offences) Act 2005. The remainder of it is to be transposed by the Communications (Retention of Data) Bill 2009 which was published on 9 July 2009. The Bill completed all stages in Dáil Éireann on 24 February 2010 and is awaiting Second Stage in Seanad Éireann. 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 purposes 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 Criminal Justice (Money Laundering and Terrorist Financing) Bill 2009, which will transpose both of these Directives, was published on 28 July 2009. The Bill has completed all stages in Dáil Éireann and is currently before Seanad Éireann. There are two Directives which remain to be implemented but 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; and 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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