Micheál Martin (Cork South Central, Fianna Fail)

Under the Employment Permits Acts 2003 and 2006, it is illegal to employ a non-EEA national without an employment permit where one is required. These Acts provide for a large number of obligations and offences, including those relating to the employment of foreign nationals except in accordance with an employment permit, refusal to co-operate with Garda inquiries, forgery, fraudulent alteration or fraudulent use of an employment permit, and misuse by employer or employee of an employment permit. Prosecutions under these Acts have been initiated by the Garda Síochána, which comes under the auspices of the Department of Justice, Equality and Law Reform.

The Department of Justice, Equality and Law Reform has provided details of the proceedings commenced and convictions secured under the Employment Permits Act 2003. In 2003, 90 proceedings commenced, with eight convictions; in 2004, 81 proceedings commenced, with 20 convictions; in 2005, 73 proceedings commenced, with 45 convictions; in 2006, 45 proceedings commenced, with seven convictions; and in 2007, three proceedings commenced, with one conviction. I understand no proceedings have commenced to date for offences under the Employment Permits Act 2006, which commenced on 1 January 2007.

With regard to the breakdown of these proceedings and convictions into those against employers and those against employees, I am informed the Department of Justice, Equality and Law Reform has made inquiries with the Garda authorities but it has not been possible in the timeframe available to obtain the statistical information requested. This information will be forwarded to the Deputy as soon as it is available.

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