Ciarán Lynch (Cork South Central, Labour)
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Question 139: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that due to the fact that the spouse of a work permit holder is himself or herself required to apply for a work permit the additional bureaucracy acts as an impediment to employment; and if she will make a statement on the matter. [2492/09]

Billy Kelleher (Cork North Central, Fianna Fail)
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The Employment Permits Act 2006 sets down in legislation the rules governing the employment of non-EEA nationals in the State. Enshrined in this legislation are our obligations under Community Preference whereby Member States of the EU are obliged to fill skill and labour shortages from within the European Economic Area (EEA) before hiring a national from outside the EEA. The current policy in this area is to only facilitate skills gaps and to that end this Department works closely with FÁS/EURES in ensuring that Community Preference is fulfilled in the first instance.

Where a decision is made to issue a new permit, the Department of Justice, Equality and Law Reform facilitates family reunification, where they are satisfied that it is appropriate, by permitting spouses and dependants to enter the State. Up to 2004 spouses/dependants were not permitted access to employment and the current scheme was introduced in 2007 as a concession and in light of continuing labour shortages in the domestic market.

The Scheme was designed to give greater ease of access to employment for spouses who have been admitted to the State under Family Reunification by:

Not requiring the employer in question to advertise the job with FÁS in advance of making a work permit application,

Accepting applications for jobs in categories that would otherwise be ineligible for work permits, and

Exempting the application from the work permit fee.

Regulation of this employment under the Employment Permits Act 2006 is essential for several reasons including tracking of the types of vacancies being filled and to ensure the protection of these workers.

The Employment Permits Act 2006 provides for regular review of Ireland's economic migration policy in order to respond to the changing needs of the economy and the existing employment permit arrangements are being kept under active review to ensure that they continue to reflect current labour market needs.