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

Micheál Martin: I am not in a position to accept this amendment. The provision this amendment proposes to delete gives the Minister of the day discretionary powers to refuse a work permit application on the basis that the worker already has a work permit issued within the previous 12 months. The aim here is to balance the right of an employer to expect that when he or she goes to the effort and expense of...

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

Micheál Martin: I move amendment No. 111: In page 13, 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. 113: In page 13, lines 10 and 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. 115: In page 13, line 18, 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. 117: In page 13, line 20, 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. 119: In page 13, line 28, 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. 121: In page 13, line 30, 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. 123: In page 14, line 2, 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. 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.

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