Dáil Éireann Debate, Tuesday - 23 November 2010
217 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he has made a recent assessment of the merits of opting into the European directive on the right to information in criminal proceedings; if so, the way it is proposed to introduce the directive into Irish law and the timetable involved; and if he will make a statement on the matter. [44179/10]
Amharc ar fhreagraDáil Éireann, on 19 October 2010, and Seanad Éireann, on 20 October 2010, approved, in accordance with Article 29.4.7 of Bunreacht na hÉireann, the exercise by the State of the option provided by Article 3.1 of Protocol 21 annexed to the Treaty of Lisbon to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of the Proposal for a Directive of the European Parliament and of the Council on the right to information in criminal proceedings. The President of the Council was notified accordingly on 21 October 2010.
Discussions on the draft Directive are ongoing in the preparatory bodies of the Council. As this is a measure in which the European Parliament is a co-legislator, it would be neither appropriate nor possible for me to say when agreement on the measure will be reached.
A decision on how the Directive will be transposed into Irish law can only be made when the final text is available. However, I can say that preliminary indications are that new primary legislation is unlikely to be required.
218 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he has made a recent assessment of the merits of opting into the proposed EU human trafficking directive; if so, the way it is proposed to introduce the directive into Irish law and the timetable involved; and if he will make a statement on the matter. [44180/10]
Amharc ar fhreagraI sought and obtained the approval of both Houses of the Oireachtas earlier this year to opt into the measure referred to by the Deputy. This approval was sought on the basis that it is, in my view, important to address this issue, given its trans-border nature, with as coherent and common an approach as possible. A number of the provisions of this proposed Directive are already provided for in Irish law under the Criminal Law (Human Trafficking) Act, 2008 or are provided for on an administrative basis. The manner in which outstanding issues will be implemented will be determined in consultation with the Attorney General after the proposed measure is agreed including the timescale for adoption.
