Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 268: To ask the Minister for Enterprise, Trade and Employment the maximum penalty which can be imposed on an employer for the employment of a person outside of the EEA without a work permit; if, in view of a recent court case in Galway, he intends to review the legislation; and if he will make a statement on the matter. [14120/05]

Micheál Martin (Cork South Central, Fianna Fail)
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Under section 2(3) of the Employment Permits Act 2003, an employer who employs a non-EEA national without permission is guilty of an offence and is liable on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both. On conviction on indictment, an employer is liable to a fine not exceeding €250,000 or imprisonment for a term not exceeding ten years or both. This legislation is enforced by the Garda national immigration bureau. I have no function in respect of the courts.

The Employment Permits Bill, currently at the final stages of drafting, will introduce additional protections for migrant workers and provide for penalties and proceedings for breaches of these protections.