Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Joint Oireachtas Committee on Justice, Defence and Equality

EU Directives: Minister for Justice and Equality

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I have a couple of comments and then a few questions. I welcome that we are finally opting into the reception conditions directive. However, we should point out that it was published 15 years ago. It was beefed up five years ago. Asylum seekers used to have the right to work in this State. It was taken away from them 20 years ago. For the guts of those 20 years we have been an outlier on this issue. We would still be, if it was not for the intervention of the Supreme Court. I welcome its decision because, without it, we would still be denying the right to work to asylum seekers as punishment for having the cheek to try to assert their rights under the Geneva Convention.

It is apparent that the Government seems intent on imposing the maximum wait period possible of nine months before an asylum seeker can have access to the labour market. This is in sharp contrast to Greece and Sweden who allow immediate access for asylum seekers to the labour market. Italy has a two month wait. Germany and other countries have six months. I am not saying that those countries are perfect. However, I would like to hear a bit more on the maximum nine months wait. We are doing the absolute minimum and I do not think that is good enough.

The Minister's statement says that those who receive a first instance recommendation within nine months of applying for asylum, and who avail of the right up to appeal or review, will have no right to access the workforce before a final determination is made in their favour. I note that the directive says "access to the labour market shall not be withdrawn during appeals processes". Can the Minister clarify whether this means that refugees who appeal a recommendation before nine months are up will not have the right to work? Does it mean that only a person who is in the labour market, gets a recommendation and then launches an appeal will be allowed to continue working? If the answer to that is "yes", how does this square with the spirit of the directive and the Supreme Court ruling?

Will I put all the questions together Chair?

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