Kathleen Lynch (Cork North Central, Labour)
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Question 91: To ask the Minister for Foreign Affairs his views on the recent expulsion from France of Roma migrants; if this matter has come up in discussions at European Council level; his view of this expulsion; and if he will make a statement on the matter. [36112/10]

Micheál Martin (Cork South Central, Fianna Fail)
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Ireland fully supports the free movement of persons within the European Union, which constitutes one of the fundamental freedoms underpinning the internal market. The Free Movement Directive (Directive 2004/38/EC) sets out the entitlement of EU citizens to free movement across the EU.

Under Article 7 of the Directive, a Union citizen may reside in another Member State for a period of more than three months if he or she:-

is in employment or is self-employed;

has sufficient resources to support himself or herself, his or her spouse, and any accompanying dependants;

has comprehensive health insurance in respect of himself or herself, his or her spouse, and any accompanying dependants;

is enrolled in an educational establishment for the principal purpose of following a course of study, including a vocational training course.

Where a person is in breach of these provisions, they may be removed from the State and, where appropriate, an exclusion period may be placed on them whereby they cannot re-enter or seek to re-enter the State during the validity of that period.

Furthermore, under Article 27 of the Free Movement Directive, Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health.

France has stated that the removals of members of the Roma community from encampments in France to their countries of origin have taken place in line with the provisions on the Free Movement Directive. The situation of Roma people has been given special attention at the EU Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) over recent years, including in June 2009 and June 2010. The issue was also touched upon at the General Affairs Council in July of this year. Two European Summits on Roma Inclusion have been organised in recent years, the first during the French Presidency in 2008 and the second during the Spanish Presidency earlier this year.

This issue has also been discussed at European Council level on a number of occasions in the past, including in December 2007 and June 2008 and most recently, I understand, at the Heads of State or Government lunch at last month's European Council meeting.

The European Commission have an important role, as guardian of the Treaties, in ensuring that European Union law is applied fully and effectively in all Member States. In this regard, it is usual practice for the Commission to enter into dialogue with a Member State if they have concerns about the application of EU law in that Member State. As regards the situation with France, I understand that the Commission is in continuing contact with the French authorities.