Seán Sherlock (Cork East, Labour) | Oireachtas source

I move amendment No. 24:

In page 10, to delete lines 7 to 15 and substitute the following:"(e) by substituting the following definition for the definition of "remuneration":

" 'remuneration' shall be construed in accordance with section 1A;",

(f) by deleting the definition of "employment regulation order", and
(g) by deleting the definition of "registered employment agreement".".

The Minister's preference is for all employment holders to be employed, salaried and paid under an Irish employment contract. However, in the case of the intra-company transfer employment permit and contract for services employment permit, he acknowledges that the employment in the State is temporary and so facilitates the permit holder remaining on the foreign payroll. However, this concession has, in practice, introduced a level of complexity to the evaluation of documentation submitted to support such applications. This has resulted in considerable engagement with applications leading to delay and in some cases refusal.
Amendment No. 24 provides for the insertion of a new section 1A into the Act of 2006. Amendment No. 25 provides the new definition of remuneration for the purposes of the employment permits Acts and fulfils two important functions.

On the one hand, it offers a clear definition of what is meant by remuneration and how it is to be provided for all categories of employment permit. This provides clarity and certainty to employers. On the other hand, it introduces clear rules for those applying for intra-company transfer and contract for services employment permits, covering remuneration, duration of time with foreign employer, requirements to top up to Irish statutory minimum wages as well as €40,000 minimum remuneration threshold, before a permit will be issued.

Amendments Nos. 37 and 38 set out the principles applying to the remuneration paid to the holders of intra-company transfer employment permits and contract for services employment permits. Amendment No. 73 makes it imperative that the intra-company transfer employment permit holder is adequately provided for in terms of health insurance for the duration of the permit holder’s stay in the State. Amendments Nos. 74 and 76 enable the Minister to refuse to grant an intra-company transfer employment permit or contract for services employment permit where he or she is satisfied that the health insurance provided is not similar to that provided by a registered health insurer in the State. Amendment No. 75 is consequential to amendment No. 74, while amendment No. 81 is consequential to amendment No. 82. Amendment No. 82 allows the Minister to refuse to grant an employment permit for an intra-company transfer or a contract for services where the conditions relating to remuneration and the provision of information on remuneration set out in the amendments to section 6 of the 2006 Act are not met. Amendments Nos. 83 and 84 are also both consequential to amendment No. 82. Amendment No. 102 removes a reference to "other benefits" that can be taken into account so as to make it clear that only accommodation, board and health insurance are reckonable components for computing the remuneration to be paid to a foreign national.

Amendments Nos. 105 and 106 provide the Minister with revocation grounds if the holder of the intra-company transfer or contract for services permit is not adequately provided for in terms of health insurance for the duration of his or her stay in the State. Amendment No. 109 clarifies that the remuneration in question is the salary as set out in the definition of remuneration at new section 1A to be inserted into the Act of 2006 and that the salary must not be less than national minimum wage. Amendment No. 110 inserts a cross-reference to section 12(6)(b) which pertains to the hourly rate specified under an enactment, such as any successor to the employment regulation orders or registered employment agreements.

Amendment No. 111 is a consequential amendment to amendment No. 112. The latter amendment provides for the revocation of an employment permit where the required statement of earnings does not comply with the requirements of new section 3D(1)(c) or section 3E(1)(b) to be inserted into the Act of 2006 in respect of intra-company transfer or contract for services employment permits.

Finally, amendment No. 116 provides for information, documents and evidence to be prescribed under section 29 at renewal stage and the provision of such information within a prescribed period. It also requires the provision, at renewal stage, of information on the remuneration paid to the foreign national during the period for which a intra-company transfer or a contract services employment permit was granted.

I am considering some further minor amendments to section 5 of the Bill and will revert at Report Stage on these.