Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The purpose of the requirement to produce documentation is to ensure employment permits are only granted where the criteria for granting them are met. It is a requirement of the legislation that I, as Minister, must be satisfied that such criteria are met and if the documentation furnished is insufficient for the making of a decision, the employment permit may not be granted. The provision in section 6(g) allows me, as Minister, to request information to clarify that the criteria for granting the permit have been met. It is reasonable that the Minister be empowered to request clarifying documentation to materially assist in the decision. Furthermore, the information I, as Minister, require to be provided will be set out clearly in the regulations that will accompany the legislation. This clarity provides for a welcome level of transparency and establishes a level playing field whereby all applicants will know what is required of them.

I am also concerned that information or documents as "may reasonably be required", the phrase used in amendment No. 12, lacks the precision and clarity I am providing for in the Bill and the accompanying regulations. I will be setting before the Houses on commencement of the legislation a suite of regulations that will provide for clarity and transparency regarding the documents required to accompany applications. In accordance with section 30 of the 2006 Act, as amended, the Oireachtas will have 21 days in which to consider the regulations. Should either House see fit, they may be annulled on the passing by either House of a resolution to that effect. On the basis that the documentary requirements provided for in the Bill are justifiable and transparent, I will not be accepting the Senator's amendment. However, I point out to him that changes to the employment permits application process made in 2013 reduced the amount of documentation required to complete an application and that this legislation will retain that streamlining in relying at a number of points on declarations made by the applicant parties rather than documentation, although this is subject to a right to seek verification.

On amendment No. 14, while I understand the Senator is seeking to limit the grounds on which I, as Minister, can refuse a permit where an applicant has failed to provide documentation within his or her possession, the requirement that I be satisfied that the criteria for the granting of an employer permit have been met before it can be granted is a cornerstone of the legislation. Allowing a situation where an applicant could be granted an employment permit without providing certain documentation that I, as Minister, consider essential just because he or she says he or she cannot procure it or does not have it in his or her possession would run entirely counter to the purpose of regulating the economic migration of foreign nationals to the State. The regulations will make clear the information and documentation considered necessary to support a permit application and that any declaration made by an applicant may be need to be verified. It is reasonable to expect an applicant to be in a position to confirm any statement or declaration he or she might make in applying. To do otherwise would open the system up to abuse by individuals willing to make false declarations, including saying they do not have documents in their possession or cannot procure them in order to obtain a permit. On this basis, I am not accepting the Senator's amendment.