Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I assume the Deputy is referring to foreign nationals defined in the Employment Permits Acts 2003 and 2006 as foreign nationals other than nationals of member states of the EEA and Switzerland. The law is clear on the employment of third country nationals. It is illegal for a third country national to be employed without the State's permission and the offence where a third country national is employed is committed by both the employee and the employer concerned. Illegal employment of third country nationals creates a serious problem for the employees. They do not have a legally binding contract of employment and cannot, therefore, assert their rights under the contract or rely on the wide spectrum of employment rights legislation. Following the High Court judgment concerning Mr. Younis, I committed to amending the legislation to provide a defence for the employee and to give the courts some discretion when faced with similar circumstances. Subject to Government approval, I intend to introduce new safeguards in the legislation to ensure the situation which arose in the Younis case will not recur. The new safeguards will not undermine legal principles and are intended to ensure an employer cannot benefit from the fact that a contract of employment is illegal and, therefore, not legally binding.

Subject to Government approval, another key feature of the new Bill will be the establishment on a statutory footing of an employment permit for third country nationals who have fallen out of the employment permits regime. I recognise that there can be situations where a third country national finds that he or she has fallen out of the employment permits regime through circumstances beyond his or her control or even as a result of an omission in keeping a permit up to date. It will continue to be the case that an employer can be prosecuted for breaches of employment law, including the Employment Permits Acts, and it is the National Employment Rights Authority's policy to pursue such breaches.

The drafting process in respect of the employment permits Bill is almost concluded. I expect a further draft of the Bill this week. Subject to it fully meeting policy objectives, I envisage submitting it to the Government for approval at the earliest opportunity.

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