Question No: 92 Ref No: 53358/13
To the Minister for Social Protection
To ask the Minister for Social Protection the number of EU directives related to her Department that have yet to be transposed into Irish law despite the deadline date been passed; when is it proposed that these Directives will be transposed; and if she will make a statement on the matter.
– Anthony Lawlor.
* For WRITTEN answer on Wednesday, 11th December, 2013.
R E P L Y
There is only one Directive related to the Department of Social Protection that falls into the category mentioned by the Deputy. The provisions of EU Directive 2010/41/EU (on the principle of equal treatment between men and women engaged in an activity in a self-employed capacity) require, amongst other things, the provision of social protection and maternity benefit to spouses and civil partners who are not employees or business partners but who participate in the activities of the self-employed worker, performing the same tasks or ancillary tasks. Other requirements are a matter for the Minister for Justice and Equality.
The deadline for transposition of the Directive was 5 August 2012. However, the Directive allows, in particular circumstances, for an extension of up to 2 years on the period allowed for the implementation of the social insurance provisions. Ireland secured agreement to allow it to avail of this extended period and so the deadline for implementation of this aspect of the Directive is the 5th August 2014. The required provisions will be legislated for in a future social welfare bill so as to meet the extended deadline for implementation.