Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 81: To ask the Minister for Enterprise, Trade and Innovation if he will give consideration to a business (details supplied) in County Kildare seeking work permits in respect of persons. [26050/10]

Dara Calleary (Mayo, Fianna Fail)
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The Employment Permits Section of my Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006.

I wish to inform the Deputy that these applications were refused on the 9/11/2009 on the grounds that it is current Government policy to issue new employment permits for highly skilled, highly paid positions or for non-EEA nationals who are already legally resident in the State on valid employment permits or where there is an officially recognised scarcity of workers of a particular type or qualification. Furthermore, it appeared from the information submitted in support of the applications that the prospective employees were already working for this employer without having a valid employment permit. Under the Employment Permits Act 2006 it is an offence for both an employer and an employee to be party to the employment of a non-EEA without a correct and valid employment permit.

The employer appealed this decision on the 30/11/2009. Having examined the appeal, the Appeals Officer upheld the original decision in April 2010 and the fees were refunded to the applicant. In these circumstances, therefore, I regret that it is not possible to re-visit this case.