Finian McGrath (Dublin North Central, Independent)
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Question 96: To ask the Minister for Justice and Law Reform further to Parliamentary Question No. 891 of 29 September 2010, if the UK has expressed any objection to Ireland opting into Directive 2009/52/EC; if he will provide details of any judgments where an Irish court held that an employer who failed to pay a undocumented worker wages did not have to do so on the basis that it would be contrary to public policy to enforce such contracts; if he will consider opting into this directive or bring forward domestic legislation to deal with such rogue employers; and if he will make a statement on the matter. [44346/10]

Dermot Ahern (Louth, Fianna Fail)
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As I have already outlined to the Deputy, in my response to Question No. 891 of 29 September 2010, neither Ireland nor the United Kingdom exercised their option to participate in Directive 2009/52/EC providing for sanctions against employers of illegally staying third country nationals within the three month period provided for in Article 3 of the Protocol on the Position of the United Kingdom and Ireland (Fourth Protocol to the Treaty of Amsterdam replaced by the Twenty First Protocol to the Treaty of Lisbon). Participation is determined on a sovereign basis by each Member State and the question of objections, such as envisaged by the Deputy, does not arise. In any event, communications by the two countries regarding their respective participation would be considered privileged in the context of international relations.

I have also been advised by the Department of Enterprise, Trade and Innovation, which has primary policy responsibility in the area that, in general, Irish Courts have taken the view that it would be contrary to public policy to enforce contracts that might be regarded as illegal. If the courts do not, as a general rule, permit a party to rely on his or her own illegal act, an individual "employee", who is a party to an illegal contract, may, as a matter of public policy, find that he or she is prevented from enforcing a particular term of the contract, including a term implied by statute. If an employee cannot legally enforce a claim, then it is difficult to see how a statutory Agency can pursue such a claim on his or her behalf.

Regarding any future opt-in to the Directive, as a matter of course, officials of my Department keep under review Ireland's position as regards all measures adopted under Title V of the Treaty on the Functioning of the European Union (formerly Title IV of the Treaty on the European Union) in line with emerging Government priorities and policies as necessary.

Matters regarding the treatment under domestic law of employers of illegal workers are a matter for my colleague the Minister for Enterprise, Trade and Innovation.

Questions Nos. 97 and 98 answered with Question No. 87.

Finian McGrath (Dublin North Central, Independent)
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Question 99: To ask the Minister for Justice and Law Reform if the European Commission have commenced enforcement proceedings against Ireland for the way Ireland implemented Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection; if he accepts the view of the Commission and the steps he will take to amend the situation; and if he will make a statement on the matter. [44384/10]

Dermot Ahern (Louth, Fianna Fail)
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The European Commission has not commenced proceedings against Ireland in relation to Council Directive 2004/83/EC. Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted was enacted on 29 April 2004. Article 38 of the Directive provides that Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the Directive before 10 October 2006.

The European Communities (Eligibility for Protection) Regulations 2006 were made on 9 October 2006 for the purpose of giving further effect in Irish law to the Directive. The Regulations came into operation on 10 October 2006.