Written answers
Thursday, 13 October 2016
Department of Justice and Equality
EU Directives
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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2. To ask the Minister for Justice and Equality the outstanding EU directives that her Department or agencies under its remit are responsible for implementing, in tabular form; if the implementation of any of them require specific legislative change; and the details of same. [30017/16]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The information requested by the Deputy is set out in the following table.
| Directive (full title and number) | Subject matter | Implementation |
|---|---|---|
| Directive 2014/42/EU of the European Parliament and of the Council | The freezing and confiscation of instrumentalities and proceeds of crime in the European Union | The requirements of this Directive are largely already met in Irish law by the Criminal Justice Act 1994. There are a small number of amendments required to that Act, including to provide for extended confiscation of criminal proceeds for certain offences, in order to give full effect to the Directive. The relevant legislation is being prepared. |
| Directive 2012/29/EU of the European Parliament and of the Council | Establishing minimum standards on the rights, support and protection of victims of crime, repealing Council Framework Decision 2001/220/JHA | The Directive will be implemented through primary legislation in the Criminal Justice (Victims of Crime) Bill which is being drafted on a priority basis. At an operational level, arrangements have been put in place to ensure that rights conferred by the Directive are provided to crime victims both within existing legislation and on a non-statutory basis pending the enactment of the necessary legislation. |
| Directive 2013/40/EU of the European Parliament and of the Council | Attacks against information systems and replacing Council Framework Decision 2005/222/JHA. | The legal provisions in the Directive are being implemented through primary legislation in the form of the Criminal Justice (Offences Relating to Information Systems) Bill 2016. The Bill was published on 19 January 2016, was restored to the Dáil Order Paper and it is hoped that it can be enacted in the current Parliamentary Session. |
| Directive 2016/681/EU of the European Parliament and of the Council | The use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. | This Directive is required to be transposed by the member states by 25 May 2018. Primary legislation will be required to implement the legal provisions in the Directive. |
| Directive 2016/680/EU of the European Parliament and of the Council | The protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (Data Protection Directive) shall apply with effect from May 2018. | It is intended that the Directive will be transposed into national law in the Data Protection (Amendment) Bill which will be published in 2017. |
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