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Social Welfare Code.

Dáil Éireann Debate, Wednesday - 11 February 2004

Wednesday, 11 February 2004

Questions (50, 51, 52)

Trevor Sargent

Question:

104 Mr. Sargent asked the Minister for Social and Family Affairs if she will expand on her views that the accession of new countries to the EU may place a greater burden on this country's social welfare system. [4037/04]

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John Bruton

Question:

301 Mr. J. Bruton asked the Minister for Social and Family Affairs if she intends to make changes to regulations governing the right to claim welfare benefits in respect of length of prior residence here, by a claimant before the making of a claim, in view of EU enlargement. [4379/04]

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Denis Naughten

Question:

303 Mr. Naughten asked the Minister for Social and Family Affairs the plans she has to restrict the right to social welfare payments by citizens of the ten accession states, in light of the decision by the UK authorities; the restrictions she is considering; and if she will make a statement on the matter. [4095/04]

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Written answers

I propose to take Questions Nos. 104, 301 and 303 together.

Free movement of persons is one of the fundamental freedoms guaranteed by community law and includes the right to live and work in another member state. The right of free movement applies not only to workers, but also to other categories of people such as students, pensioners and EU citizens in general.

The Employment Permits Act 2003 provided a legislative basis for the granting of full labour market access to nationals of the EU accession states after accession takes place on 1 May 2004. From that date, nationals of these countries will no longer require employment permits to work in Ireland. The Act also contains a safeguard mechanism whereby a requirement for employment permits may be reintroduced in respect of nationals of the relevant countries, should the Irish labour market suffer an unexpected disturbance during the transitional period after EU enlargement takes place.

Existing community law requires that a worker from another member state, including a worker who has become involuntary unemployed, cannot be treated differently from a national worker by reason of their nationality and shall be entitled to the same social and tax advantages as nationals. Accordingly, such persons are entitled to receive the same treatment as Irish nationals under our employment, social welfare and taxation laws.

However, a question has arisen as to whether an EU national seeking work for the first time in another member state is entitled to the same social and tax advantages as a national of that State. This issue is currently being contested before the European Court of Justice.

There are specific EU provisions governing the right of residence of workers, students, pensioners and non-economically active persons. In general, "inactive" persons have the right to enter and remain in the country on condition that they have sufficient resources and sufficient health insurance cover to ensure that they will not be a burden on the State.

I am conscious of the need to ensure that the social welfare system is not open to exploitation and that EU provisions in this regard are fully applied. To this end, I have asked my Department to examine whether specific measures may now be needed to ensure full enforcement of EU provisions in this area. The question as to whether specific provisions may need to be included in social welfare legislation, having regard to the position being taken by other member states, is being examined in that context.

It is also my intention to monitor the situation with regard to migration flows from the new accession states from May onwards and any issues which arise in that regard will be addressed.

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