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Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 126: In page 14, line 26, after "decision" to insert the following: "(and, if the person does so, shall notify in writing the second-mentioned person of the reasons for the confirmation)". Deputy Howlin raised this issue on Committee Stage and moved two amendments which are essentially encapsulated in amendment Nos. 129 and 131. We are proposing alternative amendments...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 127: In page 14, line 27, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: On Committee Stage, when we discussed an amendment proposing that reviews of decisions to refuse a permit could be the subject of an appeal to the Ombudsman, it was agreed that we would revisit the issue on Report Stage. Section 5(1)(e) of the Ombudsman Act 1980 states that the Ombudsman shall not investigate any action taken by or on behalf of a person if such an action is one taken in the...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 132: In page 15, line 5, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 134: In page 15, line 11, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 136: In page 15, line 35, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 138: In page 15, lines 38 and 39, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I will be helpful to the Deputy, as amendments Nos. 143 and 144 would not have the desired objectives he has articulated. In fact, they may have the opposite impact in so far as they would take the employer out of the equation. If I were to accept them, in essence I would be excluding the employer from his or her responsibilities in this regard. In other words, the Deputy would be letting him...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: No. The employee has the actual permit.

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: For that reason, the employer is specifically mentioned in this section, which refers to the holder of the permit or the employer. If the employer does not comply with the provisions of the Bill, we want to be able to penalise him or her. We do not want to take the employer out of the equation. This is not what the Deputy intended but would be the impact of the amendments. He understands why...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: Yes. I understand what the Deputy is endeavouring to achieve with amendments Nos. 157 and 162. Under the new arrangements provided for in the Bill, the permit will be issued to the worker who will, therefore, know when the first permit expires as the date will be on it. If he or she does not receive a renewal permit shortly after the expiry of the first permit, he or she will know that one...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 146: In page 16, line 33, to delete "14 days" and substitute "28 days". Both amendments result from our debate on Committee Stage when it was suggested to me by Deputy Hogan that we should extend from 14 to 28 days the period in which a decision to revoke a permit may be sought. I have agreed to the suggestion and I am moving an amendment to this effect.

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: We discussed this matter on Committee Stage. I wish to re-emphasise to the House that the powers enshrined in section 16(5) are ones that I envision only being used exceptionally. Inevitably, there will be circumstances in which, for reasons of public interest, a decision to revoke a permit should take effect immediately. We are talking about exceptional circumstances. For example, if...

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: To be honest, we have not formulated the regulations. In essence, we are talking about exceptional circumstances. I can revert to the Deputy.

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: Yes, before the Bill is completed.

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 148: In page 17, line 13, to delete "14 days" and substitute "28 days".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 149: In page 17, line 24, after "decision" to insert the following: "(and, if the person does so, shall notify in writing the second-mentioned person of the reasons for the confirmation)".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 151: In page 18, line 4, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 153: In page 18, line 7, to delete "non-national" and substitute "foreign national".

Employment Permits Bill 2005: Report Stage (Resumed) and Final Stage. (3 May 2006)

Micheál Martin: I move amendment No. 155: In page 18, line 8, to delete "non-national" and substitute "foreign national".

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