Trevor Sargent (Dublin North, Green Party)
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Question 128: To ask the Minister for Enterprise, Trade and Employment if he is satisfied that current regulation of the work permits scheme is sufficiently robust to ensure against specious declarations of student and self-employment status; the monitoring mechanism of the same that is in place; and if he will make a statement on the matter. [8572/07]

Micheál Martin (Cork South Central, Fianna Fail)
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The Social Partnership Agreement "Towards 2016" contains a commitment under Section 24 (Economic Migration Policy) that the employment of non-EEA students should be the subject of an employment permit application. This is a complex area and my Department is currently consulting with stakeholders and the social partners regarding the procedures and format of this type of employment permit.

In the meantime, access of students to the labour market is dependent on their immigration status. Students granted permission to remain by the Minister for Justice, Equality and Law Reform to pursue a full-time course of studies of at least one year's duration leading to a qualification recognised by the Department of Education and Science are permitted to enter casual employment only (defined as 20 hours part-time work per week or full-time during normal vacation periods). Access to employment is not permitted to other students.

A major package of measures has been agreed by the parties to Towards 2016, the new Social Partnership Agreement, to provide for enhanced public confidence in the system of compliance. New legislation will be published this year which will empower the Labour Inspectorate to join with the Department of Social and Family Affairs and the Revenue Commissioners to work together in Joint Investigation Units. Such units will have a particular focus on the employment status of workers. The National Employment Rights Authority, which has already been established on an interim basis, is currently meeting with the Department of Social and Family Affairs and the Revenue Commissioners with a view to the early establishment and operation of Joint Investigation Units within existing legal and administrative frameworks.

The Department of Social Welfare and the Revenue Commissioners will have details of the number of bogus self-contractors identified in the context of their specific responsibilities. Complaints in relation to bogus self-employment should be referred to all or any of the following — the Labour Inspectorate of the National Employment Rights Authority, the Department of Social and Family Affairs or the Revenue Commissioners.

In addition, the Revenue Commissioners, as part of its recently launched Construction Industry Project, will be reviewing the tax status of contractors and, in particular, whether individuals currently designated as self-employed should be regarded as employees and subject to PAYE and PRSI. Monitoring of Relevant Contract Tax 1 (RCT1) declarations will also be strengthened.

The legislation will also provide for enhanced employment rights measures including the establishment of the National Employment Rights Authority. Providing for greater clarity in the application of employment rights legislation to employees and the self-employed will be considered in the context of drawing up that legislation.

The package of measures provided for under Towards 2016 will be supported by enhanced employment rights promotional and educational efforts. The Social Partners and other organisations such as the Department of Social and Family Affairs and the Revenue Commissioners will be invited to bring their knowledge and networks to bear on the design and delivery of this education and awareness programme which, it is anticipated, will also address the issues associated with bogus self-employment.

"Towards 2016" includes a number of other specific commitments in relation to employment status and in relation to the "Hidden Economy". The Government and social partners have agreed under "Towards 2016" to review the existing Code of Practice on employee status with a view to more effective implementation. My Department will be actively involved in that review. In addition, the Government and the social partners agreed under "Towards 2016" to continue and expand the Hidden Economy Working Group. The group, which comprises representatives of Office of the Revenue Commissioners, Department of Social and Family Affairs, ICTU, IBEC, SFA, CIF and, since the ratification of the Social Partnership Agreement, my own Department and the National Employment Rights Authority, has met on two occasions to date.