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

I propose to take Questions Nos. 11 and 18 together.

I thank the Deputy for his questions. Article 15(2) of the EU recast reception conditions directive allows member states to decide the conditions for granting access to the labour market for applicants for international protection, in accordance with national law. The European Communities (Reception Conditions) Regulations 2018, which were signed into effect on 30 June 2018, include access to the labour market for qualified international protection applicants. The regulations provide access to both employment and self-employment in all sectors and categories of employment with the exception of the Civil Service and public service, An Garda Síochána and the Defence Forces. There are no restrictions on the type of work or the level of income possible. Under the regulations, international protection applicants will have access to the labour market nine months from the date on which their protection application was lodged, if they have not yet received a first instance recommendation from the International Protection Office and if they have co-operated with the process. Applicants must have made reasonable efforts to establish their identity and, on commencement of employment, they must register with the Revenue Commissioners and be tax compliant. Providing access to the labour market where a person is waiting more than nine months without a first instance recommendation is in full compliance with the provisions of the directive. It recognises that, where a person does not have clarity on his or her status in the State within this period, it is reasonable to allow that person to access the labour market.

The access provided for in Ireland is broad and generous with almost no restrictions. The system as it prevails is a fair one and allows protection applicants to seek employment after a reasonable period from the time they apply for protection in the State. A balance must be struck because the intention is not to turn the asylum system into a pathway for economic migration as this would not be fair to those fleeing persecution or to those who migrate to Ireland to work using the appropriate immigration channels. However, it has always been intended to review the system to determine if it is meeting the needs of applicants for protection and their potential employers. This is an appropriate time to do so as the system has been in operation for more than a year. In that regard, a high level interdepartmental group is reviewing the implementation of the State's obligations under the EU reception conditions directive, including access to work and the direct provision of services offered to applicants while their applications are being made. I expect to receive a report within days from the interdepartmental group.

With regard to eligibility, as of 31 October 2019, there were 2,429 international protection applicants aged 16 years or over who were waiting nine months or more for a first instance recommendation on their international protection claim. All may apply for a labour market access permission, subject to meeting the eligibility criteria.

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