Dáil Éireann debate -
Tuesday, 15 Jun 1993

Vol. 432 No. 3

Written Answers. - Implementation of EC Directives.

John Bruton

Question:

103 Mr. J. Bruton asked the Minister for Justice if her attention has been drawn to any EC action within her area of departmental responsibility against this State in respect of the failure of the State to transpose into Irish law an EC Directive; if so, if she will give details of each such directive; the purpose of the directive; and the reason for her Department's failure to transpose it into domestic Irish law to date.

Minister for Justice (Mrs. Geoghegan-Quinn)

Acting under Article 169 of the EEC Treaty the EC Commission requested the Government on 12 March, 1993 to submit its observations on the failure by Ireland to incorporate into national law the provisions of Directive 91/308/EEC and Directive 91/447/EEC. The deadline for implementing both directives was 31 December 1992.

The purpose of Directive 91/308/EEC, is to prevent the use of the financial system for the purpose of money laundering.

Details of our proposals to give effect to the directive have been forwarded to the Commission. The directive has not been incorporated into Irish law to date because legislation is required to give effect to its provisions. That legislation is at a very advanced stage of drafting and will be introduced as soon as possible.

The directive does not create rights or entitlements for individuals and, accordingly, the question of State liability in the circumstances mentioned by the Deputy does no arise.

With regard to Directive 91/447/EEC, its purpose is to afford member states the requisite guarantees that guns and other weapons would not move freely between EC countries after the abolition of internal community frontiers in 1993. To facilitate the movement of weapons by sportsmen it proposes the introduction of a European firearms pass. It also allows member states to exercise more stringent controls in their firearms legislation than those provided for in the directive. In addition the directive provides that firearms dealers must retain their records for a period of five years and it also stipulates that persons under the age of 18 are not entitled to hold certain firearms certificates.

Details of our proposals to give effect to the Directive have been forwarded to the Commission. Draft regulations to implement the directive are ready to be made. However, on the advice of the Attorney General I have deferred making the regulations pending the decision of the Supreme Court in the case of Meagherv. the Minister for Agriculture and Others.

In the absence of the European firearms pass, Irish sports people travelling to Europe and European sports people coming here with their firearms to take part in competitions have been accorded special facilities to ensure that they are not prevented from carrying their firearms. Consequently the question of State liability in the circumstances mentioned by the Deputy do not arise.