Catherine Murphy (Kildare North, Independent)
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380. To ask the Minister for Social Protection the level of compliance with European Union directives within her ministerial areas of responsibility; the current fines resulting from non-compliance and potential fines resulting from present non-compliance the State is or may be exposed to; and if she will make a statement on the matter. [40641/13]

Joan Burton (Dublin West, Labour)
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My Department is currently involved in issues relating to the transposition of two EU directives; 2010/41/EU on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and Article 8 of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer. The provisions of the first mentioned require, amongst other things, the provision of social protection and maternity benefit to spouses and civil partners who are not employees or business partners but who participate in the activities of the self-employed worker, performing the same tasks or ancillary tasks.

The deadline for transposition of the Directive was 5 August 2012. However, the Directive allows, in particular circumstances, for an extension of up to 2 years on the period allowed for the implementation of the social insurance provisions. Ireland secured agreement to allow it to avail of this extended period and so the deadline for implementation of this aspect of the Directive is 5 August 2014. The required provisions will be legislated for in a future social welfare bill so as to meet the extended deadline for implementation.

With regard to Article 8 of Directive 2008/94/EC, as the Deputy may be aware, arising from a recent decision of the European Court of Justice in a case involving the Waterford Glass pension scheme there are issues in relation to how Article 8 of the Directive was transposed into Irish law. Following the ruling, the matter has now been referred back to the Irish High Court for further hearing. In the meantime, the issues raised by the Court of Justice are being considered in consultation with other relevant departments and offices with a view to developing proposals to deal with the matter. There are no fines levied or pending at present in relation to the transposition of these directives.