Joanna Tuffy (Dublin Mid West, Labour)
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Question 102: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she intends to retain the requirement for nationals from Bulgaria and Romania to have work permits in order to participate in the labour force here when the current arrangement expires at the end of 2008; and if she will make a statement on the matter. [44891/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Government decided, in October 2006, to continue to require that nationals of Romania and Bulgaria apply for work permits in order to participate in the Irish labour market, but giving those nationals preference over non-European Economic Area nationals. The Government was informed in its decision by the very significant inflow of economic migrants Ireland had experienced since May 2004, when nationals of the EU 10 Member States were allowed to participate in the Irish labour market without work permits. The Government felt at the time that it was appropriate to take stock, be cautious and concentrate on the integration needs of those who had already come to live and work here.

EU countries that imposed transitional restrictions had to justify their decision to the European Commission initially, and must continue to do so at intervals thereafter. Countries were allowed an initial, so-called Phase 1, period of two years ending on 31 December 2008 during which to impose restrictions. Before the end of 2008, Member States must notify the European Commission whether they plan to continue during the Phase 2 period 2009-2011 any restrictions imposed during Phase 1, or whether they intend to remove the restrictions and accordingly the Government will be considering this matter for decision ahead of the end year deadline.

Having regard to options open to the Government, the Employment Permits Act 2006 provides the legal basis for three options in relation to access to the Irish labour market by nationals of Bulgaria and Romania: continue to have Romanian and Bulgarian nationals apply for work permits with the current conditions and requirements, but, as before, giving those nationals preference over non-European Economic Area nationals; have Romanian and Bulgarian nationals apply for work permits (mainly for monitoring purposes) and issue them on the basis of job offers, without the requirement to advertise with FÁS; or grant access to the Irish labour market without any restrictions.

In considering these options, the Government will take into account the following factors: the positions of the other Member States that also imposed restrictions; current and forecast economic and labour market conditions in Ireland; the views of the representatives of employers and trade unions, as well as the views of representatives of the Governments of the two countries concerned. A decision on this matter is due to be made by Government before the end of December.