My Department is responsible for six directives which are awaiting transposition, details of which are listed in the table below. Of these six directives, three are expected to be implemented prior to the deadline for their transposition. The reasons for the delays in the other three are set out in the table. Implementation of the outstanding directives is a priority for my Department.
|
Title & Number of Directive |
Nature of Directive |
Date of Adoption of Directive |
Final Date of Transposition |
Derogation sought? |
Will Deadline for Transposition be met? |
|
Directive 98/5/EC to facilitate the practice of the profession of lawyers on a permanent basis in a member state other than that in which the qualification was obtained |
Directive provides for the recognition of qualification of lawyers |
16 February 1998 |
March 2000 |
No |
No. The Solicitors (Amendment) Act 2002 gave statutory backing to certain aspects of the directive. That Act also provides for Regulations to make provision for the remaining elements. A number of outstanding points are being pursued with the professional bodies. It is expected that these issues will be resolved shortly and the necessary Regulations made in the near future. |
|
Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (Race Directive) |
The purpose of the directive is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the member states the principle of equal treatment. |
29 June 2000 |
19 July 2003 |
No |
No. Implementation necessitates amendments to both the Employment Equality Act 1998 and the Equal Status Act 2000. The Government has approved the drafting of the Employment Equality and Equal Status (Amendment) Bill, on a priority basis, to implement the Directive 2000/43/EC and two further directives. Implementation of the directives also necessitates amendments to legislation to provide for equality in relation to occupational pensions which will be dealt with by the Department of Social and Family Affairs in the Social Welfare Bill 2004.The Equality Bill is expected to be published during the current session with a view to its enactment as soon as possible. The existing equality legislation is already largely compliant with the three directives. |
|
Title & Number of Directive |
Nature of Directive |
Date of Adoption of Directive |
Final Date of Transposition |
Derogation sought? |
Will Deadline for Transposition be met? |
|
Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. (Framework Employment Directive). |
The purpose of this directive is to lay down a general framework for combating discrimination on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation, with a view to putting into effect in the member states the principle of equal treatment |
27 November 2000 |
2 December 2003 |
No |
No. See explanation re directive 200/43/EC above. |
|
Directive 2002/73/EC amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (Gender Equal Treatment Directive) |
This directive updates and improves the 1975 Equal Pay and 1976 Equal Treatment Directives. |
23 September 2002 |
5 October 2005 |
No |
The Equality Bill will make provision for the implementation of this measure. |
|
Directive 2001/55/EC on minimum standards for giving temporary protection in the event of mass influx of displaced persons and on measures promoting a balance of efforts between member States in receiving such persons and bearing the consequences thereof. |
Directive is to provide protection to persons displaced by major conflicts |
20 July 2001 |
31 December 2003 |
No |
The Refugee Act 1996 (as amended) provides for the main provisions of this directive. Administrative arrangements are being finalised to give effect to this measure and are expected to be in place by the end of the year. |
|
Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence. |
This directive is a development of the Schengen Acquis having regard to Articles 61(a) and 63(3) of the Treaty establishing the European Community. |
28 November 2002 |
28 November 2004 |
No |
Expected to meet transposition deadline |