Finian McGrath (Dublin North Central, Independent)
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Question 891: To ask the Minister for Justice and Law Reform the reason Ireland opted out of the Directive 2009/52/EC that provides protection for undocumented third party nationals who have been paid wages by an employer; if he will review opting into this Directive; the protections that are available to such persons under Irish law for the payment of outstanding wages; if the National Employment Rights Authority will assist such persons to obtain payment of wages owed and outstanding; the number of cases the NERA assisted in the past two years; and if he will make a statement on the matter. [32478/10]

Dermot Ahern (Louth, Fianna Fail)
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I have been informed by officials of the Irish Naturalisation and Immigration Service that the EU Commission published a proposal for a Directive Providing for Sanctions Against Employers of Illegally Staying Third Country Nationals in May 2007. The Directive was finally adopted by the European Council in June 2009.

Following the publication of the proposal neither Ireland nor the United Kingdom exercised their option, provided for in Article 3 of the Protocol on the Position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty Establishing the European Community, to notify the President of the Council that they wished to take part in the adoption and application of the proposal within three months. It is a stated Government policy that Ireland will only participate in such measures to the extent compatible with the Common Travel Area. Any unilateral decision by either of the partners (UK or Ireland) would have had obvious implications as regards the ongoing maintenance of the Common Travel Area as regards participating in the proposal.

As a general rule, officials of my Department keep under review Ireland's position as regards all measures adopted under Title V of the Treaty on the Functioning of the European Union (Formally Title IV of the Treaty on the European Union) in line with emerging Government priorities and policies as necessary.

I have also been advised by the Department of Enterprise Trade and Innovation, who has primary policy responsibility, that in relation to contracts which might be regarded as illegal by the Irish Courts, that the Irish Courts have taken the view that it would be contrary to public policy to enforce such contracts. A contract of employment between a third country migrant worker required to have a work permit and an employer, which is not covered by a valid work permit, is an illegal contract. Accordingly, the National Employment Rights Authority does not seek to recover money due to people working under illegal contracts.