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Dáil Éireann debate -
Tuesday, 19 Apr 1994

Vol. 441 No. 5

Written Answers. - Implementation of EU Directives.

Liz O'Donnell

Question:

98 Ms O'Donnell asked the Minister for Social Welfare in regard to the area of his responsibility, the Directives or other measures requiring transposition under EU law which have been adopted by the EU Council or Commission but which have not yet been transposed by Ireland; the Directives or measures requiring transposition where the date for transposition has passed; the Directives or measures or other matters of EU law in respect of which the European Commission has issued a letter to Ireland under Article 169 (Infringment Proceedings) of the EC Treaty; the Directives, measures or matters in respect of which the European Commission has issued a reasoned opinion to Ireland under Article 169; the matters in respect of which proceedings against Ireland are pending before the Court of Justice of the European Union; the matters in respect of which a judgment of the Court of Justice of the European Union against Ireland has been given but has not been implemented; and the judgments in respect of which proceedings have been initiated under Article 171 (Failure to Implement Judgement) of the EEC Treaty.

Directive 86/613/EEC on equal treatment between men and women engaged in self-employment contains a provision concerning access to social insurance for spouses of self-employed workers which may require amendment of the Social Welfare Acts.

The question of social insurance coverage for spouses of employees and the self-employed was addressed in the recent report of the National Pensions Board. I am examining this report at present with a view to bringing forward proposals to Government as soon as possible.
There is no other EC Directive relevant to my Department which is overdue for transportation into Irish law.
EC Directive 92/85/EEC, which concerns the introduction of measures to improve the safety and health at work of pregnant workers, was adopted by Council on 19 October 1992. Member states are required to implement the provisions of the Directive not later than two years after the date of its adoption.
The implications of the Directive are being examined and the necessary legislation in so far as it relates to my Department will be implemented within the timescale specified in the Directive.
The European Commission issued a letter under Article 169 and a reasoned opinion in relation to the implementation by Ireland of Directive 79/7/EEC on the progressive implementation of equality of treatment between men and women in matters of social security.
These were issued prior to the introduction of retrospective legislation which made good the default arising from the delay in implementation of the Directive in Ireland.
There are no infringement or other proceedings pending against Ireland in relation to any Directive relating to my area of responsibility.
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