Oireachtas Joint and Select Committees

Thursday, 26 June 2014

Select Committee on Jobs, Enterprise and Innovation

Employment Permits (Amendment) Bill 2014: Committee Stage

12:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 163:


In page 45, to delete lines 36 to 39, and in page 46, to delete lines 1 to 3 and substitute the following:“ “(ba) the production to the Minister, with an application under section 4, of information and documents—
(i) as the Minister may, without prejudice to the requirement under section 6(a), specify, in respect of the employment concerned and the terms, conditions and the duration of it,
(ii) as the Minister may, without prejudice to the requirement under section 6(c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made,
(iii) as the Minister may, without prejudice to the requirement under section 6(e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it,
(iv) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning—
(I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice and Equality to land in the State or to be in the State, and
(II) any application, made before the date on which the application under section 4 is made, to the Minister for Justice and Equality for which the foreign national has sought permission to land in the State or to be in the State,
(v) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning the employment in the State of the foreign national in respect of whom the application is made, at the time of the application or at any other time,
(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom the application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bi),
(vii) as the Minister may, without prejudice to the requirement under section 6(i), specify in respect of the requirement under section 4(5) in respect of the employment of any person in the employment that is the subject of the application in the period referred to in that section and that such person was not dismissed by reason of redundancy within that period including information and documents as the Minister may specify to satisfy himself or herself that the person employed in the employment that is the subject of the application was not, in the period referred to in section 4(5), dismissed by reason of redundancy, and
(viii) as the Minister may specify in respect of—
(I) without prejudice to subsection (1), the making of an application under section 4,
(II) without prejudice to the requirement under section 6, any matter specified in paragraphs (a) to (i) of section 6,
(III) the requirement under section 10 for the employees referred to in that section to be nationals of the states referred to in that section,
(IV) without prejudice to the generality of subsection (1), a purpose specified in section 3A(2), and
(V) any other requirement under this Act that, in respect of the grant of an employment permit, is required to be satisfied;
(bb) the production to the Minister, with an application under section 20 to renew an employment permit, of information and documents—
(i) as the Minister may specify, in respect of the employment that is the subject of such application and the terms and conditions of that employment,
(ii) as the Minister may specify, in respect of the qualifications, skills and knowledge, of the foreign national in respect of whom the application is made,
(iii) as the Minister may specify, in respect of—
(I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and
(II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made,
(iv) as the Minister may specify that have been issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made, (v) as the Minister may specify concerning the permission given by
the Minister for Justice and Equality to the foreign national in respect of whom such application is made to land in the State or to be in the State during the period for which the employment permit has been in force,
(vi) as the Minister may specify concerning the identity of the foreign national in respect of whom such application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bi), and
(vii) as the Minister may specify in respect of—
(I) without prejudice to the generality of subsection (1), the making of an application to renew an employment permit under section 20,
(II) without prejudice to the generality of subsection (1), the requirements under section 10 in relation to an application for the renewal of an employment permit,
(III) without prejudice to the generality of subsection (1), a purpose referred to in section 3A(2), and
(IV) any other requirement under this Act that, in respect of the renewal of an employment permit, is required to be satisfied;”.
These amendments address the Minister's powers to make regulations and provide specific vires to underpin the regulations consequent to the passing of this legislation.

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