Finian McGrath (Dublin North Central, Independent)
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Question 64: To ask the Minister for Justice and Law Reform further to Parliamentary Question No. 891 of 29 September 2010, if his attention has been drawn to the fact that the new Government in the UK is now considering opting into this directive; if he will consider opting into this directive or the part of the directive that would require rogue employers to pay wages to undocumented workers that they failed to pay; and if he will make a statement on the matter. [4282/11]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Directive 2009/52/EC provides for minimum standards on sanctions and measures against employers of illegally staying third country nationals. The Directive is targeted at the illegal employment of third country nationals in order to counteract illegal immigration. It provides minimum standards on sanctions and measures, including disqualification from public benefits and, in serious cases, criminal penalties against employers of illegally staying third country nationals.

The Directive was adopted in the summer of 2009 and Member States are expected to have transposed the measure into national law by the second half of 2011. The Commission will then report on the coming into operation of the measure in February 2012 after it has come into effect in all affected Member States.

Neither Ireland nor the UK have opted into the Directive, to date, under the provisions of the protocol to the Treaties on the special position of Ireland and the UK. My Department was aware, however, that the UK authorities have commenced a formal review, in line with commitments made to their national parliament, on the possibility of opting into the Directive under the post adoption procedure provided for in the Twenty First Protocol to the TFEU.

As stated previously, the question of Ireland opting into the Directive is something that is kept under review by my Department. The outcome of the UK process will clearly be relevant in that context.