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APPENDIX 3EUROPEAN COMMUNITIES (ALIENS) AMENDMENT REGULATIONS, 1985[S.I. No. 39 of 1985]EUROPEAN COMMUNITIES (ALIENS) (AMENDMENT No. 2) REGULATIONS, 1985[S.I. No. 441 of 1985]17 July 1986. Secretary, Department of Justice.
Dear Secretary, I am directed by the Chairman of the Joint Committee, Mr. Gerard Collins T.D., to refer to the above regulations and to request the following information:- 1.Why was it necessary to make the Regulations referred to at (1) above. 2.Why was the phrase “any member of the family” used in substitution for “dependants”, the term used in the 1981 Regulations? Yours sincerely, Jody Blake Assistant Principal Committee Clerk. Department of Justice25 November 1986 Ms Jody Blake, Assistant Principal Committee Clerk Joint Committee on the Secondary Legislation of the European Communities.
A Chara, I am directed by the Minister for Justice to refer to your letter of 17 July, 1986 concerning the above Regulations. European Communities (Aliens) (Amendment) Regulations, 1985 (S.I. No. 39 of 1985). The background to the making of the European Communities (Aliens) (Amendment) Regulations, 1985 (S.I. No. 39 of 1985) is that in February, 1980 the EEC Commission wrote stating that it took the view that in eleven instances the European Communities (Aliens) Regulations 1977 did not comply with relevant EEC Directives. In subsequent correspondence the Commission’s interpretation was disputed and in the event the Commission reduced to two the areas in which it considered that the 1977 Regulations did not comply with relevant EEC Directives, viz. Regulation 7 (6) of the European Communities (Aliens) Regulations 1977 which laid down that nationals of Member States must, in order to be re-admitted to Irish territory, produce two documents, namely a residence permit or residence document and an identity card or passport: the relevant Directives provide for the production of a valid identity card or passport. Regulation 13(2) of the European Communities (Aliens) Regulations 1977 which did not correctly incorporate the definition of frontier worker set out in Article 8(1) (c) of Directive 68/360/EEC, since it required such workers also to be engaged in seasonal work. Agreement was reached on that basis and the European Communities (Aliens) (Amendment) Regulations 1985, referred to at (1) above, were made to correct the position. European Communities (Aliens) (Amendment No. 2) Regulations 1985 (S.I. No. 441 of 1985) As regards the European Communities (Aliens) (Amendment No. 2) Regulations 1985 (S.I. No. 441 of 1985), it is not clear why in the drafting of the Regulations the phrase “any member of the family” was used instead of “dependants”. On re-examination it is considered that the phrase “any dependant” would be preferable as the word “dependants” was used in the Principal Regulations, i.e. the European Communities (Aliens) Regulations, 1977 (S.I. No. 393 of 1977), and the words “any dependant” were used in the European Communities (Aliens) (Amendment) Regulations, 1981. The earliest possible opportunity will be taken to amend the 1985 Regulations, by substituting “any dependant” for “any member of the family”. Mise, le meas, B. O’Brien Principal Secretariat |
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