Seán Sherlock (Cork East, Labour) | Oireachtas source

If we go back to the bondage element, as the Deputy so described it, section 12(1)(e) of the 2006 Act provides that, in respect of the foreign national’s first employment permit, he or she remains with the employer for a minimum period of 12 months and the Minister can refuse an application for a second employment permit made during that period and the foreign national already has an employment permit in force. It should be noted that this is a “may” provision - this allows the Department to consider such an application within the 12 month period where the Department has exception policies that have general effect - for example, humanitarian grounds where the employer has moved to a different location in the country. Such exceptions to section 12(1)(e), when finalised, will be made publicly available. However, in such an instance, the foreign national will have to apply for a new permit and will have to adhere to the conditions applying to that permit where applicable - in other words, where there is a labour market needs test.