Finian McGrath (Dublin North Central, Independent)
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Question 613: To ask the Minister for Enterprise, Trade and Employment if persons (details supplied) in Dublin 3 will be assisted. [36095/07]

Micheál Martin (Cork South Central, Fianna Fail)
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The Employment Permits Section of my Department has informed me that it has no record of a valid employment permit application in respect of either of the named persons.

Permission to remain in the State is a matter for the Minister for Justice, Equality and Law Reform.

Enda Kenny (Mayo, Fine Gael)
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Question 614: To ask the Minister for Enterprise, Trade and Employment the number of au pairs working here; if he has received complaints of abuse of persons working as au pairs; if persons working as au pairs are classed as employees; the responsibilities of his Department in this matter; and if he will make a statement on the matter. [36102/07]

Enda Kenny (Mayo, Fine Gael)
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Question 615: To ask the Minister for Enterprise, Trade and Employment the regulations that apply in the matter of au pairs here; the criteria for eligibility; if these exchanges are regarded as cultural rather than work; the reason registered agencies can not recommend suitable persons for au pairing; and if he will make a statement on the matter. [36103/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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I propose to take Questions Nos. 614 and 615 together.

I can advise the Deputy that it is my understanding that an au pair arrangement is essentially a private arrangement, normally agreed between a private household and a private individual. As far as my Department is aware the term "au pair" has no legal standing.

In practice, the person referred to loosely as an "au pair" is often a student from another country, received and maintained by a family in exchange for certain informal services, such as a limited amount of house-work or child-minding.

Although circumstances can differ from case to case, an "au pair" is assumed not to be an employee because there is no contract of employment between the householder and the person in question. If a contract of employment does exist, then this places the arrangement on a different footing.

If an Irish resident seeks to bring into the State a person from outside the European Economic Area on the basis that the person coming in is an "au pair", they will probably have to discuss the matter with the immigration authorities under the auspices of the Department of Justice Equality and Law Reform.

It is my understanding that, if an EU national wishes to move in with a family in Ireland and provide child-minding services in return for, say, practice in speaking English and possibly a sum of money, they are quite free to do so. The arrangement is private to the parties concerned and entirely voluntary on the basis of a shared understanding.

If the "au pair" or the host family does not like the arrangement, generally, they are free to terminate it without recourse to the State.