Social Welfare Code

Dáil Éireann Debate, Wednesday - 24 April 2013

Wednesday, 24 April 2013

Questions (45)

Pearse Doherty

Question:

45. Deputy Pearse Doherty asked the Minister for Social Protection if her attention has been drawn to the fact that the Court of Justice of the EU, in the case of Servet Kamberaj v Servet Kamberaj v Istituto per l’Edilizia Sociale della Provincia autonoma di Bolzano IPES, that EU member states are prohibited from implementing legislation which treats third-country nationals who are long-term residents different from EU citizens in relation to the allocation of certain types of social welfare payments; if she has examined the implications of this judgment for her Department; and if she will provide details of any discussions she has had on it. [18836/13]

Written answers

Minister for Social Protection

There do not appear to be any implications for my Department from the Judgement of the European Court of Justice (ECJ) in the case of Servet Kamberaj v Istituto per l’Edilizia Sociale della Provincia autonoma di Bolzano (IPES). My Department does not treat third-country nationals who are long-term legal residents any differently to Irish, EU or EEA citizens in relation to the allocation of certain types of social welfare payments. The Directive which is mentioned extensively in the Judgement and which governs the status and treatment of third-country nationals who are long-term residents in the European Union is Directive 2003/109/EC. Recital 25 in the preamble to that Directive states:- “In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not participating in the adoption of this Directive and are not bound by or subject to its application”.