Dáil Éireann debate -
Wednesday, 27 Feb 2002

Vol. 549 No. 4

Written Answers. - EU Directives.

Ruairí Quinn

Question:

267 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the directives issued under the treaties establishing the European Communities any provision of which comes under the auspices of his Department which have not yet been transposed into law; if such transposition will be effected by Bill or statutory instrument; if transposition is overdue; if so, the steps taken by the European Commission by way of enforcement in each case; and if he will make a statement on the matter. [7161/02]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The information requested by the Deputy is set out in the following tabular statement:

Directive	Means of Implementation: Bill or Statutory Instrument	Is transposition overdue?	Has any action been taken by the European Commission by way of enforcement?
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation	Not yet decided	Transposition of the Directive is not overdue	N/A
The Race Directive	Not yet decided	No	N/A
Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (2001/220/JHA)	Not expected to give rise to new legislation	N/A	N/A
Council Decision concerning the conclusion of an agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the state responsible for examining a request for asylum lodged in a member state or Iceland or Norway.	The Decision will be transposed by means of an amendment to the Refugee Act	No	N/A
Council Directive 95/46/EC of 24 October 1995 on the Protection of individuals with regard to processing of personal data and on the free movement of such data	Articles 4, 17, 25 and 26 of this Directive already implemented by the European Communities (Data Protection) Regulations 2001 (S.I. No. 626 of 2001) – Directive as a whole is being implemented by a Bill	Yes. Data Protection (Amendment) Bill, 2002, is awaiting Second Stage in the Seanad	Commission decided in January 2000 to take proceedings against Ireland for non-transposal of the Directive.
Council Directive 98/5/EC of 16 February 1998. To facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained	Statutory Instrument but some provision in primary legislation is needed also	Yes. Provision is needed in primary legislation in relation to some aspects of the Directive and this has been done by way of amendment to the Solicitors (Amendment) Bill, 1998, which is at Committee Stage in the Dáil. The Ministerial Regulations necessary to give effect to the Directive are at an advanced stage of preparation.	Commission decided in September 2001 to take proceedings against Ireland for non-transposal of the Directive.