Written answers

Tuesday, 28 May 2019

Department of Justice and Equality

EU Directives

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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165. To ask the Tánaiste and Minister for Justice and Equality the way in which Ireland is complying with its obligation under Article 22 of EU (Recast) Reception Conditions Directive 2013/33/EU with regard to the assessment of the special reception needs of vulnerable persons; and if he will make a statement on the matter. [22597/19]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Directive 2013/33/EU lays down standards for the reception of international protection applicants. Article 21 of the Directive requires Member States, in implementing the Directive, to take into account the specific situation of vulnerable persons, and Article 22 provides for the assessment of the special needs of vulnerable persons.

Vulnerable persons include minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents, victims of human trafficking, persons with serious illnesses, persons with mental disorders and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, such as victims of female genital mutilation.

The Directive was implemented through the European Communities (Reception Conditions) Regulations 2018 which provide for an assessment in relation to special reception needs within 30 days of presentation or application. Once assessed as having special reception needs, there are a number of ways in which those needs are responded to. For example, Tusla provides the required supports to meet the needs of unaccompanied minors once identified as such.

An initial interview is conducted with allapplicants when they first attend the International Protection Office in Dublin. If the applicant indicates at that point that he or she requires accommodation, he or she will then be assessed for any specific reception needs. This assessment is taken into account when assigning accommodation to the particular individual.

As detailed in the Regulations, the Minister for Health and the HSE has a lead responsibility in relation to health assessments. Applicants are invited for an initial health assessment on a voluntary basis.

There is a specific Health Screening Team funded and managed by the HSE located on the site of the Balseskin Reception facility for the purpose of assessing those who have just arrived in the State. The team comprises of GPs, a Medical Officer, a Clinical Nurse Specialist and two nurses, a primary care social worker, two primary care psychologists and clerical/administration support. This team offers a range of individual services and screening for medical and psycho-social needs with onward referral as necessary. The individual professionals communicate with RIA (within the bounds of patient confidentiality) if a particular need is identified that will affect the person’s accommodation requirements.

In addition, arrangements are in place with Safetynet, who carry out health screening in various parts of the country on behalf of the HSE, to offer this screening service to those who do not, for whatever reason, avail of it in Dublin. Safetynet staff liaise with RIA if the person is deemed vulnerable on medical or related grounds. This can include a request that particular steps be taken as regards that person’s accommodation.

There is on-going liaison between RIA and the HSE in relation to how best to meet the health and related needs of protection applicants. The HSE National Office for Social Inclusion has commissioned research to explore the concept of vulnerability with a view to further improving on the processes which are already in place.

It is important to emphasise that all sectors within the Direct Protection system share a role in identifying and supporting applicants who present as vulnerable. This is particularly the case where vulnerabilities may become evident beyond the initial stage of the protection process.

The Department continues to work hard to improve how we deliver services to people who claim international protection and seek our assistance, and to meet the requirements of the 2018 regulations. despite significant pressures with regard to the provision of accommodation.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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166. To ask the Tánaiste and Minister for Justice and Equality the EU directives not transposed into law to date; the deadline imposed by the EU for the transposition of same; the estimated date for transposition into law; and if he will make a statement on the matter. [22598/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Please see the following table which outlines the EU directives that come within the remit of my Department which have not yet been fully transposed into law together with relevant information in relation to those Directives.

Where Directives have not yet been transposed this is generally down to a combination of factors, including, primarily, competing legislative priorities.

DirectiveTransposition DeadlineEstimated Transposition DateFurther information
Directive 2017/541/EU of the European Parliament and of the Council of 15 March 2017 on combatting terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA.N/A, Ireland did not opt-in to the measureThe Criminal (Terrorist Offences) Bill is included in the Government’s legislative programme and will, when passed, facilitate Ireland's participation in this measure, enabling transposition to take place.
DIRECTIVE 2014/62/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA23/05/2016Year end 2019The provisions required by the Directive largely already exist in Irish law by virtue of Part 5 of the Criminal Justice (Theft and Fraud Offences) Act 2001. A number of, mostly technical, amendments will be required and draft provisions for that purpose are currently with the Office of the Attorney General for advice. It is hoped that the provisions required to make these amendments can be brought before the Oireachtas in the Autumn of 2019.

DIRECTIVE (EU) 2017/1371 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law06/07/2019Year end 2019This Directive requires a number of amendments to Part 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001.

A general scheme for the legislation which will make those amendments was published in October 2018 and the Bill is on the priority publication list for the Summer session of 2019. It is intended that the Bill will make it’s way through the Oireachtas during the Autumn session.
DIRECTIVE (EU) 2018/843 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU10/01/202010/01/2020This Directive requires a number of amendments to Part 6 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.

A general scheme for the legislation which will make those amendments was published in January 2019 and the Bill is on the priority publication list for the Summer session of 2019. It is intended that the Bill will make it’s way through the Oireachtas during the Autumn session.
Directive (EU) 2017/853 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons14 September 201830 June 2019Text of the Directive is complex and technical and required ongoing interaction with Advisory Counsel and Office of Parliamentary Counsel in the Office of the Attorney General. This was subject to delay due to the priority given to Brexit legislation.
European Accessibility Act (DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services)April 2025The Directive has only recently been agreed (9 April 2019) and no information is available in relation to transposition at this early stage.-

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