Micheál Martin (Cork South Central, Fianna Fail)

I am not in a position to accept this amendment. The provision this amendment proposes to delete gives the Minister of the day discretionary powers to refuse a work permit application on the basis that the worker already has a work permit issued within the previous 12 months. The aim here is to balance the right of an employer to expect that when he or she goes to the effort and expense of recruiting a non-EEA worker, the worker will remain with him or her for a reasonable period against the right of the worker to change jobs. We have opted for a 12-month period, after which a worker can leave his or her employer or change jobs. The balance achieved in the Bill is correct and allows discretion to be exercised in the area and for each case to be treated on its merits. This does not restrict the Minister's power to grant a new work permit to an employee should circumstances warrant it. For example, in the case of exploitation or if the employee has been treated unfairly, the Minister can then issue a new work permit to that employee for a new employment within the 12-month period.

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