Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 16:

In page 19, between lines 13 and 14, to insert the following:

“CHAPTER 3

Approved seasonal employer

Application for approval as approved seasonal employer

10.(1) A person who wishes to employ a foreign national under a seasonal employment permit shall apply each year for approval as an approved seasonal employer in accordance with regulations under sections 41and 44.

(2) In considering an application made under subsection (1), the Minister shall have regard to— (a) the extent to which a decision to approve the person as an approved seasonal employer would be consistent with economic policy for the time being of the Government,

(b) such of the matters referred to in this section as are relevant to the application,

(c) if any of the provisions of section 11fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and

(d) the purpose of a seasonal employment permit. (3)Section 16(2), (3)(a)and (6)shall, subject to the modifications specified in subsection (4), apply to the approval of, or the refusal to approve, a person as an approved seasonal employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(4) The modifications mentioned in subsection (3)are— (a) construing the references to an application for an employment permit as references to an application under subsection (1), and

(b) any other necessary modifications. (5) Subject to section 11, the Minister may, on consideration of an application made under subsection (1), approve a person as an approved seasonal employer for a 12 month period (in this section referred to as an “approved seasonal employer”).

(6) Where the Minister approves a person under subsection (5), a certificate of approval as an approved seasonal employer (in this section referred to as an "approved seasonal employer certificate") shall be issued to the person concerned.

(7) An approved seasonal employer certificate shall specify the following information: (a) the 12 month period for which the person concerned is approved as an approved seasonal employer;

(b) the name of the person concerned;

(c) any other information that, in the opinion of the Minister, is appropriate. (8) Subsection (7)is in addition to any other provision of this Act, or any provision of regulations under section 44(7), specifying matters or information to be included in an approved seasonal employer certificate.

(9) An approved seasonal employer certificate may be issued under subsection (6)in electronic form and by such electronic means as may be provided for in regulations made under section 44(12).

(10) The Minister shall maintain a register of approved seasonal employers and shall publish the register in such manner as he or she considers appropriate.

Refusal to approve person as approved seasonal employer

11.(1) Section 26(2)(a)and (7)and section 27(1)(a), (c), (d), (f), (g), (h), (m)and (p)and (7)shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 10as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1)are— (a) in section 26(2)(a), construing the reference to the person who has made the offer of employment as the person who has made an application under section 10,

(b) in section 26(7), the omission of the reference to that section being subject to sections 38(5)and 39(5),

(c) in section 27—

(i) in subsection (1)(a), construing the reference to the applicant for the permit as a reference to the person applying under section 10,

(ii) in subsection (1)(c), construing the reference to the foreign national or the person who made the offer of employment as a reference to the person applying under section 10,

(iii) in subsection (1)(m), construing the reference to the remuneration to be paid to the foreign national concerned as a reference to the remuneration proposed to be paid to foreign nationals under a seasonal employment permit by the person applying under section 10, (iv) in subsection (1)(p), construing the reference to the person identified in the application in accordance with section 10(6), or as the case may be, the connected person, as a reference to the person applying under section 10, and

(v) in subsection (7), construing the reference to the person identified in the application in accordance with section 10(6)as a reference to the person applying under section 10,

(d) construing the references to the grant of an employment permit as references to the approval of a person as an approved seasonal employer under section 10, and

(e) construing the references to the application or the application for the permit as a reference to the application under section 10, and

(f) any other necessary modifications. (3) The Minister may refuse to approve a person as an approved seasonal employer where— (a) the application relates to a proposed employment that is not a seasonally recurrent employment specified in regulations made under section 9(4),

(b) the Minister is satisfied that the person has failed to comply with regulations made under section 41(7)(c)on a previous occasion,

(c) the person has not made appropriate arrangements—

(i) to provide accommodation for the foreign nationals proposed to be employed by the person under a seasonal employment permit, or

(ii) to provide appropriate health insurance in respect of the foreign nationals proposed to be employed by the person under a seasonal employment permit should they require medical treatment for illness or injury during the period for which they will be in the State pursuant to the employment permit,

or

(d) the person had—

(i) fewer than such number of employees as may be prescribed,

(ii) less than such turnover as may be prescribed, or

(iii) less than such balance sheet total as may be prescribed, in the financial year immediately preceding the year in which the application

under section 10(1)is made.

(4) Where the Minister refuses to approve a person as an approved seasonal employer, the Minister shall notify, in writing, the applicant of— (a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 44(9), submit the decision to the Minister for review under subsection (5)within the period referred to in section 29(2)as applied by subsection (6). (5) A decision of the Minister to refuse to approve a person as an approved seasonal employer may, in accordance with regulations under section 44(9), be submitted by the applicant therefor to the Minister for review.

(6) Section 29(2)to (8)shall, subject to the modifications specified in subsection (7), apply to a review under subsection (5)as they apply to a review under section 29(1).

(7) The modifications mentioned in subsection (6)are— (a) in section 29(2), construing the reference to a submission under subsection (1)of that section as a reference to a submission under subsection (5),

(b) in section 29(3)—

(i) construing the reference to the application for the employment permit as a reference to the application for approval as an approved seasonal employer,

and

(ii) construing the reference to subsections (1)and (2)of that section as a reference to subsection (5)and section 29(2)(as applied by this section),

(c) construing the references to a decision referred to in subsection (1)or (3)of section 29as references to a decision referred to in subsection (5),

(d) construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a person as an approved seasonal employer,

(e) construing the references to section 28as references to subsection (4), and

(f) any other necessary modifications. (8) This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a person as an approved seasonal employer under section 10.

(9) In this section—

“balance sheet total”, in relation to a person, means the aggregate of the amounts shown as assets in the person’s balance sheet;

“financial year” means the period of 12 months beginning on 1 January and ending on 31 December;

“turnover”, in relation to a person, means the amounts of revenue derived from the provision of goods and services falling within the person’s ordinary activities, after deduction of— (a) trade discounts,

(b) value-added tax, and

(c) any other taxes based on the amounts so derived and, in the case of a person whose ordinary activities include the making or holding of investments, includes the gross revenue derived from such activities.".

See this speech in context