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Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Is the Minister of State satisfied that the matter will be dealt with by regulations?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I move amendment No. 117: In page 37, between lines 38 and 39, to insert the following:"(6) Section 20 of the Act of 2006 is amended by inserting the following subsection after subsection (5):"(5A) The Minister may, on application made to him or her, waive the prescribed fee.".".The purpose of this amendment is to provide for hardship cases where applicants are seeking to renew permits but...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: In a situation where an individual's permit has expired or something has gone wrong, a charge of €1,000 is significant.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: A tangential issue has arisen recently, where, for example, company A would employ a number of staff on a particular wage and then company B would be formed, with roughly the same directors and owners as company A, employing staff at a far lower rate. Then company A would make its staff redundant. Through this example, I want to bring to the attention of the Minister of State a system...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: There is a lacuna currently and I have a specific case in mind. Perhaps I could provide the Minister of State with the details of the specific case.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I will bring the details of the specific case to the Minister of State before Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Can the Minister of State explain amendment No. 45?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Will the sector be a factor in the judgment? In other words, will it be sector-specific?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Is the Minister of State confident that people who entered the country legally and in good faith and carried out their responsibilities but whose relationships have now ended will be able to apply and will be successful in gaining permits to continue working in Ireland?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I will do more work on this amendment and will resubmit it on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I move amendment No. 32: In page 12, between lines 10 and 11, to insert the following:“(v) who has entered into civil proceedings as referred in section 2B of the Act of 2003;”.During our previous discussion on relief, the Minister of State mentioned that it would be impractical to provide relief to individuals who sought justice. At the outset I made the point that if it was...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: What does one do if one cannot afford to access the provisions of the legislation?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I appreciate that. Is it the expectation that a person who is being exploited but cannot afford to take proceedings contacts the Minister and asks him to take the case on his or her behalf?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: It seems cumbersome that the office of the Minister must be used so that a non-citizen can look to maintain his rights. I understand the Minister of State's concerns about parts of this legislation, but if a person does not feel it is achievable financially to take this route, in the main I expect that most people will not go this route. This amendment does not propose to narrow any...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Yes.

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I move amendment No. 27: In page 11, line 5, to delete “or civil partner,” and substitute the following:“, civil partner, or the former spouse or civil partner where a separation has occurred during the period of employment in the state”.The logic of the legislation allows for, in certain situations, a partner to work when he or she comes with the permit holder to...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I take the Minister of State's point that some of the definitions are outside of the remit of the Department of Jobs, Enterprise and Innovation. However, he is asking us to allow a situation whereby individuals in a healthy relationship come to this State in good faith to take up particular role, deliver on their responsibilities, have a family and put down roots of some sort. Then, if...

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Where what is less than 12 months?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: Does the Minister of State accept that the nature of the relationship of a permit holder, when tied to one employer, is different to the nature of the relationship of a permit holder or any other worker in society, where he or she can choose employers?

Select Committee on Jobs, Enterprise and Innovation: Employment Permits (Amendment) Bill 2014: Committee Stage (26 Jun 2014)

Peadar Tóibín: I understand the purpose of it but we also need to-----

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