Written Answers. - Transposing of EU Directives.
Joe Walsh
Ceist:
191
Mr. J. Walsh
asked the
Minister for Justice
if she will give details of the EU directives, regulations and conventions in respect of which her Department has responsibility and which have not yet been transposed into or made part of Irish law; and the timescale for completion of the work in respect of each instrument.
[9685/96]
The information sought by the Deputy in relation to my Department is as follows:
1. Europol Convention
Timetable for Implementation
Ireland signed this Convention in July, 1995. A General Scheme of a Bill necessary to give effect to the Convention is being prepared. However, there are still a number of issues remaining to be resolved at European level before the Convention could come into operation.
2. Convention on the Protection of the European Communities' Financial interests.
Timetable for Implementation
Ireland signed this Convention on 26 July, 1995. A General Scheme of a relevant Fraud Offences Bill will be submitted to Government later this year. It is not yet possible to give a precise estimate of when a General Scheme of an Extradition Bill which will also be necessary in this context will be available.
3. Agreement between member states of the European Communities on the simplification and modernisation of methods of transmitting extradition requests.
Timetable for Implementation
Opened for signature in 1989. Work is not yet at a stage where it is possible to give a reliable estimate of when the General Scheme of a Bill necessary to enable implementation will be available.
4. Convention on simplified Extradition Procedures between the member states of the EU.
Timetable for Implementation
Ireland signed this Convention on 10 March, 1995. Work is not yet at a stage where it is possible to give a reliable estimate of when the General Scheme of a Bill necessary to enable implementation will be available.
5. Council Directive 91/308/EEC of 10 June, 1991 on the Prevention of the Use of the Financial System for the Purpose of Money Laundering — Article 11.
Timetable for Implementation
Transposition of Article 11 expected by 31 December 1996.
6. Council Directive 95/46/EC of 24 July 1995 on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of such Data.
Timetable for Implementation
The necessary legislation to enable implementation should be enacted prior to October 1998.
7. Convention determining the state responsible for examining applications for asylum lodged in one of the member states of the European Communities (the Dublin Convention).
Timetable for implementation
Ireland signed this Convention in June, 1991. There is no specific date for implementation. Section 22 of the Refugee Bill, 1995 provides the means to ratify this convention.
A motion for a Resolution approving the Convention will have to be moved in the Dáil. This will follow the enactment of the Refugee Bill. Subsequently, the Convention will be implemented by way of an order made by the Minister for Justice.
8. Council Directive 90/364/EEC of 28 June, 1990 on the right of residence for non-economically active persons.
9. Council Directive 90/365/EEC of 28 June, 1990 on the right of residence for retired persons.
10. Council Directive 93/96 of 29 October, 1993 on the right of residence for students.
Timetable for Implementation
The three directives mentioned were implemented into Irish law by our European Communities (Rights of Residence for Non-Economically Active Persons) Regulations 1993, adopted on 16 April, 1993 within the required time limit.
Revision of our implementation of the above directives was undertaken at the request of The European Commission Office, as they found the regulations to be incompatible with the European Law on certain issues.
Draft regulations have been prepared in consultation with the Attorney General's Office. This Department is awaiting the observations of Department of Social Welfare on certain aspects of the revisions.
