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Dáil Éireann debate -
Tuesday, 20 Nov 2001

Vol. 544 No. 3

Written Answers. - EU Directives.

Nora Owen

Question:

391 Mrs. Owen asked the Minister for Social, Community and Family Affairs the EU directives relevant to his Department which are awaiting implementation; the nature of the directives; when each was passed by the Council of Ministers; the date for implementation; if the Government sought a derogation; if so, the date of such derogation; if he will meet the deadline as required; and if he will make a statement on the matter. [28863/01]

There are two directives relating to my Department awaiting transposition into Irish law. These are Council Directive 98/49/EC, which was adopted on 29 June 1998, and Council Directive 2000/43/EC, which was adopted on 29 June 2000. Directive 98/49/EC deals with the preservation of benefits, disclosure of information and payment of occupational pensions across borders for workers who move from one member state to another. It also provides for workers who are posted abroad to be allowed to stay in their occupational schemes and to be exempt from joining such a scheme in the country to which they are posted.

This directive was adopted on 29 June 1998. Member states were required to comply with the directive by July 25, 2001 and member states are to communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this directive by 25 January 2002. The Pensions Act is already largely in compliance with the terms of the directive. However, some minor changes are required to that Act to ensure full compliance. These have been incorporated in the forthcoming pensions Bill, which is currently before the Houses of the Oireachtas. The aim is to have the pensions Bill fully enacted as early as possible in 2002 and I will then be in a position to inform the European Commission that we are in full compliance with the directive. In view of this, the Government did not consider it necessary to seek a derogation in relation to the date of implementation.

Directive 2000/43/EC relates to implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. The purpose of the directive is to allow the participation of all persons, natural and legal, in society regardless of racial or ethnic origin. This directive was adopted by the Council of the European Union on 29 June 2000. While primary responsibility for its implementation rests with the Minister for Justice, Equality and Law Reform, the scope of the directive includes social security. Consideration is being given to any changes in the social welfare code which may be necessary for compliance with the directive, for implementation not later than the deadline of 19 July 2003.
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