Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The purpose of providing access to the Irish labour market to the spouses, civil partners and dependants of critical skill employment permit holders and third country researchers, under Council Directive 2005/71/EC, is to differentiate Ireland by enhancing its attractiveness as a destination for this cohort of highly skilled migrants when compared with our competitors. As such, this is a deliberate policy decision.

First, let me emphasise that it is not my remit to define or determine matters relating to divorce or separation. That falls within the remit of my colleague, the Minister for Justice and Equality.

I understand the motivation for tabling the amendment. The Senators do not want such individuals to be made victims of circumstances by virtue of a separation. That is precisely why I have introduced in this Bill the proposed reactivation employment permit to facilitate individuals whose circumstances have changed, such as through a separation occurring during the lifetime of a spousal permit. The legislation refers to a person "to whom an employment permit had been granted and the permit is no longer in force". As the Senators will be aware, the dependant, spouse or partner scheme is one of the most flexible schemes because it allows an individual to work in almost every economic sector, with the only salary threshold being the minimum wage. It will not be subject to the labour market needs test either.

Opening up the permits system to the spouses and civil partners of all permit holders under this scheme would go against the Government's stated economic policy. It would lead to greatly increased numbers of permit holders being entitled to work with no labour market needs test, and would potentially fill job vacancies that would otherwise go to Irish and EEA nationals currently on the live register. In formulating employment permits policy, I must have regard to the potential for incentivising illegal foreign nationals to come to the State if measures are too liberal or rules too lenient. In my view, this could be one such measure. The Government's priority is to get Irish and EEA nationals filling job vacancies in all sectors of the economy as it recovers, not to open the Irish labour market to third country nationals who may not even be currently in the State.

On that basis, and given the fact that the majority of cases of separated spouses will be catered for in the new permits system where they meet the criteria applying, I will not accept the Senator's amendment. However, there is nothing to stop spouses and partners of permit holders from applying for any permit type in their own right, provided they meet the criteria that apply.