Shane Ross (Independent)

That is fine. A legitimate language school, the Dublin School of English, applied for a permit for one of its temporary employees to become a liaison officer. Management went through the necessary procedures, but was frustrated at all stages by bureaucracy in the Department of Justice, Equality and Law Reform. It began the procedures, which everyone knows are contorted, by applying for a liaison interpreter for its approximately 300 Mongolian students and their families. It went to FÁS to draft an advertisement, but FÁS advised the school against the latter's will to advertise for an interpreter, not just a liaison officer. Consequently, life was made more difficult and the application was put into a narrow category when it came to considering the employment permit.

It was required that the category of job in question be advertised and sought for among EU nationals first, but it is ridiculous that a Mongolian interpreter should be an EU national. Management complied with the requirement and, having advertised in The Irish Times and through FÁS, received three replies, of which two were from EU nationals considered unsuitable. The position was not just that of an interpreter, but also of a liaison for Mongolian families to handle social problems and so forth, as was made clear to FÁS. The school wanted someone from Mongolia, it did not want any of the three applicants, which was reasonable for language, cultural and other reasons.

The school decided to make an application in the name of the person in question, but the Department refused on three grounds. First, the position is not highly skilled, but this assertion is tenuous given that the role has a salary of approximately €30,000 per year and at least two languages are required. Second, the applicant is not an EU citizen. The attempt to recruit an EU citizen was unsuccessful because no one suitable applied. The third reason was technical. While I am not conversant with the reason, the Minister of State may be. The person concerned had applied and entered the country under a student stamp rather than a category D visa. This may or may not be true.

Having countered the two initial reasons by stating it would be necessary to employ a Mongolian, no suitable EU citizens had applied and it was a highly skilled position, why can the third reason not be waived? It is a technical requirement that has been waived by successive Ministers at their discretion where it was thought suitable. I understand the reasons for the rules, but the Dublin School of English, a showpiece of a legitimate, thriving language organisation, has successfully made every effort to meet the first two of the Department's requirements. Why can the provision relating to the student stamp, a small red herring, not be waived as it has been previously?