JOINT COMMITTEE ON JUSTICE, DEFENCE AND EQUALITY debate -
Wednesday, 26 Oct 2011

Scrutiny of EU Legislative Proposals

Chairman

The purpose of the meeting is to consider EU proposals relating to a wide variety of measures that have been referred to the joint committee for consideration. We have had a discussion in private session on the intricacies of the various proposals which I will now go through.

COM (2010) 520 and COM (2010) 521 are proposals for regulations concerning the European Network and Information Security Agency, including as regards its duration. It is proposed that these two measures do not require further scrutiny. Is that agreed?

Senator Ivana Bacik

Will the Chairman comment on the implications for Ireland of COM (2010) 520 and COM (2010) 521 as it is stated on page 13 of the schedule, under the heading "Implications for Ireland", that "The Department is supportive of these proposals and of the increased resource and budget lines envisaged for these activities". It is clear increased resources are required to extend the mandate of the European Network and Information Security Agency.

Chairman

It is envisaged that they will come centrally from the European Union and that the proposals will not lead to an increased demand at national level.

Senator Ivana Bacik

That is very helpful.

Chairman

COM (2010) 708 is a Council decision on the adoption of a multi-annual framework for the European Union Agency for Fundamental Rights for the period 2007 to 2012. It is proposed that it does not require further scrutiny, as the measures are expected to be withdrawn owing to legal concerns. Is that agreed? Agreed.

COM (2010) 180 amends a 2006 regulation on the rules governing the movement of persons across Schengen borders, and the convention implementing the Schengen agreement. COM (2011) 290 is a Council regulation listing the third countries the nationals of which must be in possession of visas when crossing external borders and nationals of which who are exempt. COM (2011) 461 concerns the inclusion of the Kaliningrad area in the Schengen eligible border area. COM (2011) 560 relates to the common rules governing the temporary reintroduction of border controls at internal borders in exceptional circumstances. It is proposed that these four related measures do not require further scrutiny as Ireland is not in the Schengen area. Is that agreed? Agreed.

COM (2011) 126 and COM (2011) 127 concern Council regulations on jurisdiction, applicable law and the recognition and enforcement of decisions regarding matters of matrimonial property regimes and the property consequences of registered partnerships. It is proposed that these two measures do not require further scrutiny as Ireland is not opting in to these proposals which would introduce substantial changes to the operation of Irish property law. This is consistent with Ireland's previous decision not to opt into the Rome III regulation on related and similar issues in the case of divorce and separation. Is that agreed? Agreed.

COM (2010) 156 refers to a Council regulation to amend and codify annexes to the 2000 insolvency regulations as regards certain proceedings and liquidators in Austria and Latvia. It is proposed that this proposal does not require further scrutiny. Is that agreed? Agreed.

COM (2011) 162 refers to the electronic publication of the Official Journal of the European Union. It is proposed that this proposal does not require further scrutiny. Is that agreed? Agreed.

COM (2011) 319 is a directive on common procedures for granting and withdrawing international protection status. It is proposed that this proposal does not require further scrutiny as Ireland is not opting into this measure. However, it has been suggested by the committee that we should receive further information and that there should be further scrutiny of this proposal. Is that agreed? Agreed.

Senator Ivana Bacik

Are we deferring a decision until we receive further information on the directive?

Chairman

We are deferring the decision. We will come back to the issue.

COM (2011) 320 is a directive laying down standards for the reception of asylum seekers. It is proposed that this proposal does not require further scrutiny as Ireland is not opting into this measure. However, the committee does not agree and wants to return to the issue. We are, therefore, deferring a decision pending the receipt of further information and discussion. Is that agreed? Agreed.

COM (2011) 326 is a directive on the right of access to a lawyer in criminal proceedings and to communicate upon arrest. It is proposed that this proposal does not require further scrutiny as Ireland is not opting into this measure. Is that agreed? Agreed.

COM (2011) 13875, COM (2011) 13877 and COM (2011) 13879 relate to the launch of automated data exchange on DNA and fingerprints with Lithuania and Latvia. Some questions have been raised by members about these Council decisions. It is proposed, therefore, that we seek further information on them and defer making a decision until a later date. Is that agreed?

Senator Ivana Bacik

In particular, I would like to receive information on the nature of the evaluation processes recently passed by Lithuania and Latvia.

Chairman

Assuming similar evaluation processes have been passed by other states. That concludes our consideration of the EU proposals presented.

The joint committee went into private session at 2.35 p.m. and adjourned at 2.40 p.m. until 9.30 a.m. on Wednesday, 30 November 2011.