Willie Penrose (Westmeath, Labour)
Link to this: Individually | In context

Question 43: To ask the Minister for Enterprise, Trade and Employment his proposals relating to the opening of the labour market to citizens of Bulgaria and Romania on their accession to the European Union; the meetings he has had with representatives of the British Government on this matter and its potential effects on the free travel area between the United Kingdom and Ireland; the outcome of each of these meetings; the timetable for the complete opening of free movement of people and labour from Bulgaria and Romania to Ireland; and if he will make a statement on the matter. [32052/06]

Seán Ryan (Dublin North, Labour)
Link to this: Individually | In context

Question 76: To ask the Minister for Enterprise, Trade and Employment the economic reason for not allowing citizens of Bulgaria and Romania access to the labour market here; and if he will make a statement on the matter. [32053/06]

Paul Gogarty (Dublin Mid West, Green Party)
Link to this: Individually | In context

Question 84: To ask the Minister for Enterprise, Trade and Employment if he will act upon the recommendations of the National Economic and Social Council and develop an explicit policy statement to guide employers and the social partners on immigration; and the consultation he has had with his British counterparts on the labour rights to be granted to Bulgaria and Romania upon their accession to the EU. [31658/06]

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 43, 76 and 84 together.

The EU Commission's report of 26 September 2006 stated that Bulgaria and Romania will be in a position to join the EU on 1st January 2007, provided that these countries address a number of outstanding issues. The Council of EU Foreign Ministers will decide at their meeting on 16 October whether accession should go ahead on 1st January 2007.

The Treaties of Accession provide for transitional arrangements as follows:

Phase 1: 2007-2008 Member States shall apply national measures for the 2 years following accession, which means that they may decide to liberalise access to their labour market or continue to require nationals of Bulgaria and Romania to hold employment permits.

Phase 2: 2009-2011 Member States must notify the Commission before end 2008 whether they plan to continue any restrictions for a further 3 years or not.

Phase 3: 2012-2013 In principle, transitional measures restricting access should cease to be applied at the end of the Phase 2 (31 December, 2011) but a Member State, in cases of serious disturbances of its labour market or threat thereof and having notified the Commission, may continue to apply restrictions for a further 2 years.

The Government will make a decision with regard to access to the Irish labour market of nationals of Bulgaria and Romania before the date of Accession, after consultations with the Social Partners. Contacts with the United Kingdom on the issue are continuing.

May I remind Deputies that the Employment Permits Act 2006, which was signed by the President in June 2006, provides the legal basis for three options. These options are that nationals of Bulgaria and Romania who wish to participate in the Irish labour market during the first two years of transition:

(i) continue to require work permits with the current requirement for a labour market test to establish that the positions cannot be filled from within the European Economic Area, or

(ii) be granted work permits on foot of a job offer without a labour market test, or

(iii) be allowed to participate without any requirement for a work permit.

Issues to be considered when making the decision will include the circumstances of the Irish, Bulgarian and Romanian labour markets. Other issues to be considered include other Member States intentions — and in particular those of the United Kingdom, foreign relations issues, social welfare entitlements, the integration of migrants and the views of the Social Partners.

The Common Travel Area does not affect the issue of labour market participation but rather relates to the free movement of persons for purposes other than employment, such as tourism.

In relation to the National Economic and Social Council Report entitled "Migration Policy" and my role in relation to economic migration policy I would point out that I made a detailed statement to this House on the scope and direction of the new economic migration arrangements for labour market participation by workers from outside the European Economic Area during my opening address on the Second Stage of the Employment Permits Act 2006 on 12th October 2005. These arragements will comprise:

a Green Card for occupations where there are skills shortages, which will be for a restricted list of occupations in the annual salary range from €30,000 to €60,000 and for a more extensive list of occupations in the annual salary range above €60,000;

for other occupations work permits will only be granted where it can be demonstrated, following a rigorous labour market test, that suitable employees are not available within the EEA;

the grant and issue in all cases of the employment permit or Green Card to the employee;

a re-established Intra-Company transfer scheme for temporary transnational management transfers.

I expect to have these new arrangements fully operational by 2007.