Results 11,621-11,640 of 21,096 for speaker:Charles Flanagan

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: We will have a transitional arrangement in place by way of directive. This will act in the interim period between 10 February and the date upon which we formally opt in. That will not allow for the right of an applicant to seek work.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: They will not be entitled to seek work until we have completed the work with the European Commission, which will be some time in late spring or early summer, following the expiry of the period of four months.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: They will have a right under the work permit scheme, and a right to self-employment.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I had the opportunity to raise this issue in the context of a meeting with the Courts Service. I believe it is important that every effort is made to ensure that the process is as streamlined as possible and the delays are minimised. A period of nine months is considered not undesirable. I am very keen to ensure that every application is dealt with within that period of time. I am also...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I am very keen for the tribunal to be adequately resourced in order to do its work. I am also anxious to continue my engagement with the Courts Service on the various stages, having regard to the legal rights and entitlements of everybody who wishes to avail of the avenues under the system.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: The Government has set up an implementation group which will oversee the Oireachtas approval process. I would expect that to happen pretty shortly. Following that will be the four-month compliance procedure with the European Commission. That will commence following the formal notification of our wish to enter into the directive and be consequently bound by it. Approval is a matter for the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I hope to ensure that we have a streamlined system and that people are aware of the likely timeframes involved. Currently, the International Protection Appeals Tribunal, IPAT, has up to 80 tribunal members, as against the former membership of 30. There is a backlog in the International Protection Office, IPO, of approximately 5,000, which is not inconsiderable. However, everybody...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: It must be borne in mind that in the directive, a period of nine months is specifically set out. That will be the target timeframe. On the matter of Oireachtas approval, I note that the formal notification letter to the Council and the Commission will be sent immediately after the Oireachtas makes its decision, if, indeed, it does. The four-month compliance procedure will then commence....

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: This will be a very positive and progressive action. We spoke about labour market access but the directive includes important provisions on the rights of children in respect of health and education. The Government has decided to go beyond what is simply required of it in the matter of the Supreme Court decision. As part of the opt-in procedure, we are going beyond the parameters of the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: No, because that can be done satisfactorily by way of statutory instrument rather than through primary legislation in the areas mentioned.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I understand fully the point Senator Black has made. While there are different regulations across different EU member states it is very important in this instance that we be particularly mindful of the situation in the UK where the period is set at 12 months. Having regard to the fact that when the UK leaves the European Union our relationship with the UK will still be very much governed by...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I am keen that people will have an entitlement to work in our jurisdiction along the lines of the EU directive. I am also anxious that the entire process be as streamlined as possible and that people will know at any early date, in so far as possible, what the various timeframes will be. On 9 February, for the first time, applicants will come within the term of "foreign national" for the...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: Under the directive, applicants will have access to the labour market nine months from the date upon which the application was lodged. If a first instance decision has not been taken within that period of nine months and if no delay can be attributed to the applicant, that person will be entitled to avail of the framework of the directive and apply for a job. Obviously, this is subject to...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: No, I would expect they would get it with immediate effect. We would not be starting the clock on the nine months from 30 June. I expect that anybody in the system who has their application in train for a period of nine months, without a decision having been made in the first instance, would immediately be in a position to benefit from the new regime.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: The Government intends to ensure that we opt in to the EU directive from 10 February to sometime in June. We will be working with the European Commission in order to ensure that we fully comply with that process. I would not expect that we would be making any premature decisions prior to our entry into the EU framework but I would expect that from June the new regime will be firmly...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: It may be legally possible but we would need to have a proper and adequate framework with which people would be familiar rather than having it very much on an ad hocbasis. It is important that there would be a regulatory framework. It is unlikely that we would have that until we are satisfied that the European Commission is of the view that we have complied with and are in a position to opt...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I do not agree that it is an exclusion list; rather, it will provide a framework or guidelines for those in the system on the type of employment that will be available. I would look at it as being a very positive step, rather than, as the Deputy described it, an exclusion list. When an appeal is made after a period of nine months, there will be an entitlement to work. The issue will...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I would like to await the outcome of the deliberations and the report of those involved in them, but as I said in response to Deputy Donnchadh Ó Laoghaire, I am very keen that the list be as broad as possible.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: Under the current work permit regime, it will be possible to do so from 10 February, but the work permit regime is applicable.