Arthur Morgan (Louth, Sinn Fein)
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Question 504: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if it is possible for a recruitment agency registered as an employer to avail of work permits for non-Irish staff; and if not, if it is legal for a recruitment agency to have staff on its books and to be supplying staff to the labour market without permits. [22615/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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Irish employers meet the majority of their labour needs from within the expanded EU labour market. For non-European Economic Area (EEA) Nationals, the granting of an employment permit is dependant on a job offer from a prospective Irish employer. Applications, which can be submitted by either the prospective employee or employer, are considered under the Employment Permits Acts, 2003 and 2006.

Section 1 of the Employment Permits Act, 2006, provides that employment agencies, which are effectively recruiting individuals to work for third parties, are not to be regarded as employers for the purposes of the Act. Therefore, a recruitment agency may only apply for an employment permit if they themselves are the prospective employer and if the prospective employee is to be directly employed by them. The usual regulations surrounding such an application will apply.

Section 2 of the Employment Permits Act, 2006, also states that it is an offence for a Foreign National to be in employment without an Employment Permit granted by the Minister for Enterprise, Trade and Employment.