Phil Hogan (Carlow-Kilkenny, Fine Gael)

The Bill seems to set up a special system for adjudication of work permits, although tried and tested State machinery for industrial relations already exists. Why not use one of those systems rather than create a new model? If the Minister of State wants to use a system internal to the Department, why not use one of those provided under the Redundancy Payments Acts 1967 to 2003, with deciding officers, a right of appeal to the Employment Appeals Tribunal and a further appeal on a point of law to the High Court, as exists under the current system? This would prevent unnecessary duplication and expense to the State.

Section 12 provides for a review by the Minister but such a system could lead to numerous judicial reviews or applications which could be costly to the State and any parties to the application. If the Minister of State does not want to use the current structure, he could consider using the adjudication process that exists under the 2003 Act. This involves an initial reference to the rights commissioner followed by an appeal to the Labour Court before going to the High Court on a point of law, which can be quite expensive for all parties. What is the Minister of State's reason for not using a system that has been tried and tested and that works reasonably well?

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