Written answers

Tuesday, 26 May 2009

Department of Enterprise, Trade and Employment

Work Permits

10:00 pm

Photo of Deirdre CluneDeirdre Clune (Cork South Central, Fine Gael)
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Question 119: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will postpone her proposed changes to the work permits system to allow for a proper review and consideration of possible alternatives; and if she will make a statement on the matter. [21362/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The recent review of our employment permit arrangements was undertaken by my Department in order to ensure that they continue to be appropriate to the needs of a changing labour market, and were announced following the outcome of a consultation process with the Social Partners.

Under the Community Preference Principle, Irish employers must be satisfied that no suitable EEA nationals are available to fill a position before that job can be offered to a non-EEA national. My Department is anxious to ensure that a meaningful effort is made to apply Community preference in filling all job vacancies. It was, therefore, decided to strengthen this test in order to ensure that only those vacancies that cannot genuinely be filled by nationals of EEA countries are considered for work permit applications.

My Department recognises the fact that many permit holders have been living in Ireland for several years and have made a genuine contribution to the economy. Therefore, even where these permit holders have been made redundant from a post which is now considered ineligible for a work permit, they may continue to seek work in an ineligible category.

New arrangements regarding work permit renewals will only apply to non-EEA nationals whose permit application was approved on or after 1 June 2009. Persons who were granted a permit prior to this date will retain the original renewal conditions. My Department will continue to keep employment permit arrangements under review to ensure they remain suitable and relevant to current labour market conditions.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 120: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she has evaluated the impact that the new work permit rules will have on the exploitation of migrant workers; if she has assessed the cost implications to the taxpayer here of these changes through social welfare, lost taxes, undermining of tax compliant employment via the development of the black economy and the increased cost of forced deportations; and if she will make a statement on the matter. [21443/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The revised permit arrangements for new entrants only, that take effect on 1 June 2009, apply to existing schemes introduced under the Employment Permits Act 2006. A particular focus in developing these schemes was on increasing the rights and protections afforded to migrant workers and the means to ensure redress in the event of exploitative practices. The Act's provisions gave immigrants greater freedom, autonomy and control over their own employment choices by enabling workers for the first time to apply and re-apply for their own permit and allowing workers to change their employer and move to another employment in order to take advantage of better conditions or career options. In the case of Green Cards, migrants' commitment and contribution to their destination country was rewarded by fast tracking the process to long-term residency and the right and entitlements associated with such residency status.

The revisions being implemented on 1 June will not create any negative effects on the social welfare system. On the contrary, re-strengthening of the demand-led aspects of the system through a more robust labour market needs test will ensure that new entrants only come in where there is a job requirement.

The measures introduced under the 2006 Act also provided that employment permit applications are not approved for wages below the Employment Regulation Order/Registered Employment Agreement rates or the national minimum wage, and employers are prohibited from deducting recruitment expenses from employees, and from retaining their employees' personal documentation. As regards ensuring compliance with and enforcement of such provisions, the Employment law Compliance Bill, when enacted, will empower the National Employment Rights Authority (NERA) to promote, encourage and secure compliance with the provisions of the Employment Permits Acts as well as other employment legislation. It is intended, through the co-operation of NERA and the Garda National Immigration Bureau (GNIB) in enforcement of provisions under the Permits Acts, to increase compliance and to act as a deterrent to illegal work as a pull for illegal immigration.

There will be no diminution of such rights and protections as a result of the changes being introduced on 1 June 2009, and all workers, irrespective of country of origin, will continue to benefit from the coverage of the extensive body of employment rights legislation introduced in recent years.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 121: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the number of work permits which were issued in each of the past 12 months to applicants who had been made redundant by their previous employer; and if she will make a statement on the matter. [21445/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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The information requested is currently being complied and will be forwarded to the Deputy in the coming days.

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