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Gnáthamharc

EU Presidency.

Dáil Éireann Debate, Wednesday - 11 February 2004

Wednesday, 11 February 2004

Ceisteanna (211, 212, 213, 214)

Pat Carey

Ceist:

273 Mr. Carey asked the Minister for Justice, Equality and Law Reform if, as part of the EU Presidency programmes, he proposes to place the proposal for a framework decision on combating racism and xenophobia on the Council agenda and to press for agreement on harmonisation of criminal laws against racism and xenophobia; if he will urge member states to sign and ratify the relevant Council of Europe instruments in the field of racism, xenophobia, discrimination and the protection of minorities; and if he will make a statement on the matter. [4225/04]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my reply to Question No. 47 of 29 January 2004 concerning the Irish Presidency's position on a Council framework decision on racism and xenophobia. Ireland and the EU have always attached the highest priority to the work of the Council of Europe in the area of human rights. As the Irish Presidency programme states, support for human rights is a core value which underpins the Union.

Pat Carey

Ceist:

274 Mr. Carey asked the Minister for Justice, Equality and Law Reform if, as part of the EU Presidency programme, he intends promoting the transposing of existing EU legislation combating racism and discrimination into the national laws of member states, in particular the EU race directive which should have been implemented by 19 July 2003. [4226/04]

Amharc ar fhreagra

The Equality Bill 2004, which is currently before the Seanad, amends a number of provisions of the Employment Equality Act 1998 and the Equal Status Act 2000, for the purpose of giving effect to Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

Under Article 226 of the treaty establishing the European Community, it is a matter for the European Commission, and not for the Council Presidency, to take action if member states fail to comply with their obligations under the directive.

Pat Carey

Ceist:

275 Mr. Carey asked the Minister for Justice, Equality and Law Reform the measures that will be taken under the Irish EU Presidency to ensure that the European arrest warrant system is implemented in all member states and accession states as quickly as possible with appropriate safeguards reflecting member states' international human rights objections; and if he will make a statement on the matter. [4227/04]

Amharc ar fhreagra

The framework decision on the European arrest warrant was adopted unanimously by all member states in June 2002. Each member state thereby accepted certain obligations, including the requirement to take the necessary measures to comply with its provisions by 31 December 2003. It is, therefore, a matter for each member state to comply with the obligations it assumed when agreeing to the adoption of the framework decision.

Implementation of the framework decision required the enactment of national legislation in each member state. Eight member states, including Ireland, met the deadline and the European arrest warrant is now in force in relations between those member states. Draft legislation has been presented to the national parliaments in all the remaining member states and some are expected to finalise their legislation shortly. The accession states are required to apply the framework decision from their date of accession, that is, 1 May 2004. As current President of the European Union, Ireland has already convened a meeting of national experts to review the state of implementation across the EU. Further meetings are scheduled.

The framework decision contains several safeguard provisions, including the obligation set out in Article 1.3 to respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, the ECHR. In addition, Recitals 12 and 13 of the framework decision provide that a member state may continue to apply its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media. Those recitals also provide that a person may not be surrendered if the warrant has been issued for reasons connected with his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation or if there is a risk of the death penalty, torture or inhuman or degrading treatment.

The framework decision also contains several specific mandatory and discretionary grounds for refusal of a request to surrender, for example, if the person has not reached the age of criminal responsibility or has already been tried for the offence in question, and also provides that guarantees may be required from the requesting state, for example, about a retrial where the original was held in absentia, before a person is surrendered. Once arrested, a person has a right to a lawyer and an interpreter.

Member states are giving effect to these provisions in a manner that is consistent with their national legal systems.

Pat Carey

Ceist:

276 Mr. Carey asked the Minister for Justice, Equality and Law Reform if, as part of the EU Presidency programme, he will promote the ratification of the UN protocol on human trafficking by all member states and the application of its principles in the EU approach to combating trafficking; if, as President, he will address the issue of trafficking effectively by tackling the problem of human rights protection for victims of trafficking through appropriate legislative measures; and if he will make a statement on the matter. [4228/04]

Amharc ar fhreagra

The UN Convention on Transnational Organised Crime and two protocols to the convention — the protocol to prevent, suppress, and punish trafficking in persons, especially women and children and the protocol against the smuggling of migrants by land, sea and air — were signed by the European Community and all 15 member states when the convention and protocols were opened for signature in Palermo in December 2000. The convention entered into force on 29 September 2003 and the trafficking protocol entered into force on 25 December 2003.

The question of community accession to the UN Convention against Transnational Organised Crime and its protocols is being examined within the Council framework under the Irish Presidency. At a recent meeting in Vienna from 2 to 6 February, the Irish Presidency, speaking on behalf of the European Union, welcomed the coming into force of the convention and two protocols and pointed to the highly significant role that these instruments will play in combating the global problem of organised crime. The presidency encouraged all countries, who have not already done so, to pursue the ratification process.

I am preparing legislation to enable Ireland to ratify the convention and the two protocols and I expect to publish this legislation in 2004.

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