Written answers

Tuesday, 5 October 2010

Department of Social and Family Affairs

EU Directives

9:00 am

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 335: To ask the Minister for Social Protection 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. [34938/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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My Department is at present involved in the transposition of one EU Directive. This Directive is 2003/41/EC and it refers to the activities and supervision of Institutions for Occupational Retirement Provision (IORP) and is generally referred to as the IORPs Directive. The Directive sets out a framework for the operation and supervision of occupational pension schemes in all Member States and will facilitate pan-European pension plans. Much of the framework required by the Directive already existed in the Pensions Act 1990.

The approach taken to transposition was to examine the existing provisions of Irish Pensions law and to make changes only where required. Accordingly, the only element of the Directive still to be implemented relates to Article 17, a provision governing the minimum level of assets that must be held by pension schemes which, in themselves, provide a guaranteed level of benefits to their members (i.e. the scheme, rather than the sponsoring employer, undertakes to provide a given level of benefits to the member). Although there are no such schemes in Ireland my Department is in the process of drafting the necessary legislation to transpose this article.

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