Dáil Éireann debate -
Tuesday, 25 Mar 2003

Vol. 563 No. 4

Other Questions. - EU Directives.

Willie Penrose

Question:

107 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of EU directives for which her Department has responsibility which have yet to be implemented; the number in respect of which the deadline for implementation has passed; if she has satisfied herself with the rate of compliance by her Department; the number of cases where legal actions have been notified or commenced by the EU Commission arising from a failure to implement a directive; and if she will make a statement on the matter. [8132/03]

Ms Harney

The current position in relation to the transposition of EU directives for which my Department is responsible indicates a total of 34 directives to be implemented, including 14 for which the deadline for implementation, in full or in part, has passed. Details of the directives, including, in so far as it has been decided, the proposed transposition instruments, are available on my Department's website. The website also contains information on directives in respect of which infringement proceedings have been commenced.

Of the outstanding directives for which the deadline for implementation has passed, under Article 226 of the treaty a letter of formal notice has been issued by the European Commission in the case of four and a reasoned opinion in the case of another three.

I am satisfied that my Department is giving all due priority to the task of implementing the provisions of EU directives, in light of the available resources.

Mr. Howlin

How can the Minister be satisfied when legal action has been commenced on seven directives and 14 of the 34 remaining to be implemented are beyond the legal deadline? We are open to legal action in 14 cases. How is dealing with such directives handled in the Department? Does a unit ensure the monitoring of deadlines? What is the Department's record on the transposition of directives relative to similar Departments in other states?

New requirements are now in place under the European Union (Scrutiny) Act. What specific proposals does the Minister have to ensure the Oireachtas Joint Committee on Enterprise and Small Business is fully involved in ensuring Ireland complies with its legal requirements?

Ms Harney

A high proportion of the referrals by Departments under the new scrutiny arrangement has come from my Department and stands at around 30%. It is important that the committee be involved in this. Many of the directives involve consultation with the social partners. I am not pleased that we have difficulties in applying the directives. It is not unique to my Department, or to Ireland.

Mr. Howlin

The Minister's answer said she was satisfied.

Ms Harney

I said I was satisfied given the resources available. As Deputies are aware, much of the difficulty rests with our need to draft legislation. Legislation must go to the Parliamentary Counsel, and while I do not blame anyone for this, it is a long and slow process. I had a meeting with the Attorney General's staff and the Chief Whip and discussed our desire to prioritise the implementation of legislation on a key number of directives before Ireland assumes the Presidency of the EU next year. I will circulate to Deputies the background note I have as they might find it useful.

Mr. R. Bruton

Why does the Minister believe we are having such problems in this area? As she pointed out, we will shortly assume the Presidency of the EU and will have to rap the knuckles of states that do not comply with directives. We need to enter the Presidency with a good record of transposing these directives into national law. Will the Minister make arrangements to fast-track the transposing of directives in the period up to our Presidency?

Ms Harney

The problem is resource-related on both the legal and administrative sides. My Department and others will have increased resources in the next 12 months because of the increased workload due to the upcoming Presidency. There is a huge volume of legislation now emanating from the EU and it is a question of trying to apply additional resources and prioritising the transposition of these directives. I hope the new measures put in place in the Oireachtas will help this process.

Mr. Howlin

Will the Minister agree that many of the directives coming to the Oireachtas Joint Committee on Enterprise and Small Business will be of serious interest to the wider community? We should provide for a consultative process. Will the Minister be willing to allow them to be referred to the committee at an early date so that there can be proper consultation with interested parties before the legally binding date for transposition is reached?

Ms Harney

This is a good suggestion and will be helpful to my colleagues and me.