Dáil Éireann debate -
Tuesday, 29 Apr 1997

Vol. 478 No. 4

Written Answers. - EU Directives.

Frances Fitzgerald

Question:

194 Ms F. Fitzgerald asked the Minister for Social Welfare the EU directives coming wholly or partly under the auspices of his Department that are not currently fully implemented; the reference number and subject matter of each directive; the deadline for implementation set out in the directive; whether it is proposed to implement the directive by means of a Bill or by statutory instrument; and when it is proposed to implement the directive. [11361/97]

Minister for Social Welfare (Proinsias De Rossa)

The Council of Ministers for Social Affairs, at a meeting on 2 December 1996 during the Irish Presidency, agreed a directive amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes. This Council Directive (No. 96/97/EC) was formally adopted on 20 December 1996 and published in the Official Journal (No. L46/20) on 17 February 1997. The amendments provided for are designed to ensure that Directive 86/378/EEC, as amended, is consistent with Article 119 of the Treaty of Rome, as interpreted by the European Court of Justice (ECJ) in the Barber and related judgments. Article 119 provides that men and women doing like work shall receive equal pay. The European Court of Justice has ruled that pay for the purposes of Article 119 includes occupational social security benefits.

The terms of the amending directive are required to be transposed into national law by 1 July 1997. The provisions of Directive 86/378/EEC have already been transposed into national law in Part VII of the Pensions Act. This part has also been amended on a number of occasions since 17 May 1990, to date of the Barber Judgment, to bring its provisions into line with various Judgments of the European Court. The remaining amendments to Part VII required to bring its provisions fully into line with the new directive, will be provided for by regulations under the European Communities Act, 1972. Draft regulations are being finalised at present in consultation with the Pensions Board and the Attorney General's office, with a view to the regulations being laid before the Oireachtas by the 1 July deadline.

All other directives, regulations and conventions for which my Department has responsibility have been transposed into Irish law.