Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Pre-legislative Scrutiny of the General Scheme of the Employment Permits (Consolidation and Amendment) Bill 2019

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I welcome our guests and this legislation. This is one of the areas that has proven to be very frustrating, chunky and difficult to administer. For both employers and prospective employees coming from abroad, it has often been a source of huge frustration so I welcome the proposal to make the system more nimble, flexible and user-friendly.

I will focus on intra-corporate transfers. EU Directive 2014/66/EU was signed up to by all countries except Ireland, Denmark and former EU member state, the UK. The directive refers to the conditions of entry on residents of third-country nationals in the framework of an intra-corporate transfer. Article 18 of the directive refers to the right to equal treatment, Article 20 deals with intra-EU mobility, Article 21 deals with short-term mobility and Article 22 deals with long-term mobility. We have not signed up to that directive. Now that the UK has left the European Union, is there a proposal to examine this directive or take on board some of its provisions and the thinking behind them?

I am particularly interested in the fact that in some European countries when somebody transfers into the country using an inter-company transfer, his or her partner or spouse is allowed to work. I have come across a case involving a highly-skilled person who came here and whose partner, who is also highly skilled, is not allowed to work. It is very difficult and awkward under the current regime for that person to get employment. I know it is possible but it is very difficult and challenging. Maybe the officials can revert to me on this matter. Will consideration be given to including in this legislation a right to work for partners, spouses and perhaps dependants of those who move here to work under inter-company transfers? I ask this on the basis that many European countries are very generous in this regard and providing for such a right could make Ireland a more attractive place for highly-skilled people to move to and use their skills in various companies.

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