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

The entire process seems to be deliberately confusing which is not a good development, but the impression is being given that nine months is the maximum amount of time anyone will have to wait before being able to access the labour market because the first instance decision will be made within that period and if he or she is allowed to stay, he or she will be able to work or, if not, he or she will be able to work after nine months. However, that is not entirely true because if the first instance decision is made within nine months and is under appeal, he or she will not be allowed to access the labour market. The point I made was that that was in contradiction with the directive, which states the appeals process should not impede a person's ability to access the labour market. Can we do something to sort out the anomaly or is it in place deliberately?

My other question is about the temporary period about which I am now even more concerned because it is obvious - I do not say this in a smart way - that nobody will be able to access the labour market on 10 February because no one is sitting around with money in the bank and no one will give him or her a job on a salary of €30,000. We do not know all of the jobs from which people are excluded. Most of the jobs for which they could apply will probably be excluded. The Minister has said that when the directive is in place, the fees linked with work permits will be removed, but will all of the other restrictions be removed? For example, will the exclusion list - we do not know what jobs are on it - still be in place? If it will, I accept that someone will not have to pay the fees, but we could probably count on one hand the jobs for which he or she will be able to apply. That is a concern.

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