Dáil debates
Thursday, 8 February 2024
Ceisteanna Eile - Other Questions
Work Permits
10:20 am
David Stanton (Cork East, Fine Gael)
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10. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question Nos. 11 and 23 of 29 June 2023, if he is considering bringing forward measures to allow labour market access to the partners and spouses of intra-company transfer employment permits holders, similar to that of partners and spouses of critical skills employment permit holders; and if he will make a statement on the matter. [5575/24]
David Stanton (Cork East, Fine Gael)
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As the Minister of State is aware, this is an issue I have brought up on a number of occasions, both at committee meetings and here last week during debate on the Employment Permits Bill 2022. It has to do with intra-company transfers and the possibility of the spouses and partners of people who come here working as well. That is possible for the spouses and partners of people who come here through the critical skills permit system. Their spouses and partners can work but that is not the case here. Does the Minister of State agree with this proposal? What can be done to expedite it?
Neale Richmond (Dublin Rathdown, Fine Gael)
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I thank Deputy Stanton for again raising this issue and for consistently doing so constructively and productively over a period. One of the attractions of the critical skills employment permit is that holders of these permits can apply to the Department of Justice for immediate family reunification and, once their partners or spouses are resident in the State, they are eligible to apply to that Department for their own immigration permission, which can give them the right to take up any employment in the State without the need for an employment permit. Spouses or partners of holders of intra-company transfer employment permits do not currently receive automatic work rights on the basis of their spouses' permit and corresponding immigration permission. They are, however, free to apply for a separate employment permit in their own right.
The Department of Justice, which has responsibility for the conditions governing the eligibility requirements for immigration and work permissions for non-EEA nationals and their spouses, is conducting a review of its broader family reunification policy, including the work rights of spouses. The Department of Justice policy requires that sponsors demonstrate their capacity to provide for family members if they are to be granted a permission to come to Ireland. The policy sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family reunification and the conditions attaching to permissions issued to family members. That work is ongoing at present and my Department has been engaging with the Department of Justice to support this review.
It is worth noting that, last December, we added 43 different occupations to the work permits list. We are proactively seeking people to come to this country to fill very clear skills gaps. More than 31,000 people came from outside the European Economic Area. It is a great shame that, after all of the effort involved in people applying for these work permits, getting accepted and then moving their families over, we then see them leaving those positions. These are often really top-level positions but people are leaving because their spouses or family members cannot work or cannot follow them out on a visa.
A second issue relating to intra-company transfers is consistently raised with all three Ministers by the highest level executives in some of the most important multinationals who see that level of transferability as part of management at that level. When I say we are actively engaging with the Department of Justice, I mean that the Department is making a very clear case as to the need to make these changes so that our work permit system continues to be fit for purpose for everyone, including those undertaking intra-company transfers.
David Stanton (Cork East, Fine Gael)
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I thank the Minister of State for that. I am aware of some incidences where people refused to come here, despite being badly needed, because their spouses or partners would have been sitting at home all day twiddling their thumbs when they could have also contributed to the economy by working. There is a negative double-whammy there. I welcome the Minister of State's response that his Department is actively in favour of the proposal. It should be quite simple. If somebody has an intra-company transfer work permit, his or her spouse or partner should automatically be allowed to work, as is the case for those with critical skills permits. I do not know why that cannot be done. It is a simple matter and I am told that doing it would not be a great issue. Does the Minister of State have any information as to how many intra-company transfers into Ireland took place last year? In how many instances were spouses able to travel but unable to work?
Neale Richmond (Dublin Rathdown, Fine Gael)
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A couple of hundred intra-company transfers happened last year but, to be frank, that is far fewer than we would have liked because people simply did not apply. In many of the multinational companies who have chosen to locate their European head offices in Ireland or to establish very big footprints here, the management systems require people to spend a year or two in another country to develop their skills. It is a requirement but, unfortunately, if you cannot bring your spouse with you, that requirement makes Ireland a less attractive place for top talent in those companies. We are actively engaging, as I have mentioned, because this is now having a detrimental effect on our economy. The best talent is not coming here under the intra-company transfer work permit system because of the status quo. We have done an awful lot of work to reform our work permit system. Much of it was done by my predecessor, Deputy English. That is feeding into an overall reform whereby the work permit and visa systems will be merged into one. I hope that, when that is achieved, this issue will also be favourably resolved.
David Stanton (Cork East, Fine Gael)
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With the Employment Permits Bill last week, there was an opportunity to make a legislative change as regards this issue. I understand that Bill is now heading for the Seanad. Would the Minister of State consider bringing forward an amendment in the Seanad to allow this to happen?
Neale Richmond (Dublin Rathdown, Fine Gael)
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That is under active consideration, but I have to underline that the full buy-in of the Department of Justice is required. We are at the Department's mercy as to whether that can be achieved before the Bill passes through the stages in the Seanad.