Written answers

Tuesday, 5 October 2010

Department of Justice, Equality and Law Reform

EU Directives

9:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 293: To ask the Minister for Justice and Law Reform the number of EU directives awaiting transposition into law in his Department; the reasons for the delays; and the reaction of the EU Commission in each case to such delays. [34937/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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My Department has responsibility for four EU Directives which are awaiting transposition into law. Three of these are overdue, namely: Council Directive 2005/85/EC of 01 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.

On 1 September 2010, the European Commission instigated further infringement proceedings against Ireland for failing to transpose fully this Directive. The matter is under consideration by my Department with a view to lodging a defence on behalf of Ireland in this case. Council 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 communication networks and amending Directive 2002/58/EC.

The European Commission issued infringement proceedings against Ireland on 5th June 2009 for failure to transpose the Directive on time. Legislation to transpose this Directive is currently before the Oireachtas. Council 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.

The European Commission initiated infringement proceedings on 17th September 2010 in respect of the above mentioned Directive. I understand that the necessary legislation to transpose this Directive will be completed shortly.

The remaining Directive which is to be implemented but is not overdue is: Council Directive 2008/52EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The deadline for transposing this Directive is 21st May 2011.

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