Phil Hogan
Question:189 Mr. Hogan asked the Tánaiste and Minister for Enterprise, Trade and Employment when EC Directive 98/50/EC will be transposed into law; and if she will make a statement on the matter. [1578/03]
Written Answers. - EU Directives.
European Council Directive 98/50/EC amends Directive 77/187/EEC on the approximation of the laws of the member states relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses. The amending directive aimed to clarify the scope of the principal directive in the light of extensive case law developed by the European Court of Justice since the 1977 directive was implemented. In particular, the amending directive focused on the issue of the "contracting out of services" by the employer.
Both the principal directive and its amending directive were repealed and their terms consolidated by Council Directive 2001/23/EC of 12 March 2001.
My Department has prepared draft ministerial regulations under the European Communities Act 1972 on the mandatory provisions of the 2001 directive. This approach was adopted following advice from the Attorney General's Office given to the Department in light of a reasoned opinion issuing against Ireland last June for failure to transpose the terms of the directive by the due date of July 2001. These regulations are currently being finalised by the Office of the Parliamentary Counsel to the Government and I hope to have them signed and in place by March 2003.
Subsequently, consultations will be initiated with the social partners on the possibility of implementing some or all of the range of optional provisions in the directive.
Question No. 190 answered with Question No. 178.