Paul Coghlan (Fine Gael)

I move amendment No. 3:

In page 9, between lines 2 and 3, to insert the following subsection:

"(2) In respect of answers, by a foreign national in an application for an employment permit, given in paragraph (f)(i) of this section, nothing shall automatically disqualify an applicant from gaining an employment in and of itself, but may be taken into account when his or her application is being considered.".

As was pointed out on Committee Stage in the other House, the one interesting feature of the provisions outlined here is that the provisions of the Protection of Employees (Fixed-Term Work) Act 2003 may become applicable as a permit holder may be employed on a fixed-term contract. After four years the employee permit holder may become entitled to a contract of indefinite duration. Employers will probably not apply for renewal of the work permit of a mere permit holder and it could be open to abuse. It would be difficult for people holding work permits to be classified as employees and come under the definition of permanent employment although they may have contributed to the employment concern for four or more years. Such foreign nationals are at a disadvantage even if they complete a number of years service. Implicitly, foreign nationals do not have the same right to security of employment under employment protection legislation as EU and EEA nationals. For that reason I have put down this amendment to include the changes necessary to provide security of employment or permanent employment status for people who have worked for a significant number of years under existing Irish legislation.

The Bill sets up a special system of adjudication of work permits although tried and tested State machinery for industrial relations already exists. Why not use one of those systems instead of creating a new model? If the Minister wants to use a system internal to the Department why not use one of those provided under the Redundancy Payments Acts 1967-2003, with deciding officers, a right of appeal to the Employment Appeals Tribunal and a further appeal on a point of law to the High Court, as exists under the current system? This would prevent unnecessary duplication and expense to the State. Perhaps the Minister might have a word or two on that issue.