Michael McGrath (Cork South Central, Fianna Fail)
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Question 167: To ask the Minister for Finance the residency requirements a person must comply with to be considered for employment in the Irish public sector. [22000/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As Minister for Finance I have responsibility for appointments to positions in the Irish civil service. Such appointments are governed by the terms of Article 39(4) (formerly Article 48(4)) of the EC Treaty as interpreted by the European Court of Justice. Citizens of non-European Economic Area (EEA) States are not eligible to compete for general service posts.

The EEA consists of the member states of the European Union along with Iceland, Norway and Liechtenstein. Special conditions may apply to citizens of Bulgaria and Romania following their recent entry to the European Union and their eligibility to work must be confirmed by the Department of Enterprise, Trade and Employment.

The EEA citizenship requirements do not apply to professional and technical positions in the civil service. If a candidate from outside the EEA is being considered for a position they are advised that they must have a legal right to work in Ireland ( appropriate residency status; employment permit) in order that an appointment can proceed. In certain circumstances the employing Department may have to apply to the Department of Enterprise, Trade and Employment on their behalf for an employment permit. I would point out that I do not have statutory responsibility for appointments in the wider public sector. The appointing authority varies from sector to sector.