Anne Ferris (Wicklow, Labour)
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Question 271: To ask the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the ongoing problems associated with the current employment permits system, in which workers do not have the right freely to change their employers; if his further attention has been drawn to the recently published Migrant Integration Policy Index which ranked Ireland 28th out of 31 countries in terms of labour market mobility; if he will consider making changes to the permits system in order that workers are granted employment permits within a designated job category with the right to change employer; and if he will make a statement on the matter. [9379/11]

Richard Bruton (Dublin North Central, Fine Gael)
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Given the huge pressures that exist in the labour market, Irish labour market policy is keenly focused on ensuring that general labour and skills needs are met from indigenous labour and from within the workforce of the European Union. For strategic skills or labour shortages in designated occupations in key economic sectors, Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand. Our system is demand led and vacancy based as opposed to permit regimes that apply a quota system.

Legislative changes introduced in the Employment Permits Act 2006, combined with the administrative measures that my Department operates where particular difficult cases are brought to attention, are sufficient to counter any issues that arise as a result of the restriction on employees moving employment within the initial 12-month period.

In the Employment Permits Act 2006, workers benefited significantly in terms of securing much greater freedom in terms of accessing the labour market. For the first time, workers were granted autonomy and control over their own employment choices with the ability to apply and re-apply for their own permit. The Act also allows workers to change their employer after a period of a year and move to another employment in order to take advantage of better conditions or career options.

Prospective employers are required to carry out a labour market needs test to justify the issue of permits to non-EEA nationals. It would be unfair on an employer if, having invested the time and expense involved, a new employee were to take up employment with a different employer after a short period, perhaps in an area where no identifiable labour market shortage has been identified.

Although employment permits are employer and location specific, it is the case that my Department currently makes best efforts to facilitate those who encounter difficult situations and who wish to change employers. In 2010, for instance, almost 1,200 new employment permits were issued in respect of employees changing to new employers. These permit applications were issued without regard to the normal requirements of advertising the position in daily newspapers and with FÁS.

Additionally, where individual instances are brought to the Department's attention, my Department considers such applications sensitively on a case-by-case basis. In such cases, the normal labour market economic needs test can be dispensed with. That gives those individuals full and free access to all sectors of the labour market and to all employers. In 2010, a total of 92 such applications for new permits of this nature were received of which 70 were granted.

I note the Deputy's reference to the Migrant Integration Policy Index. While the Survey's methodology is not explicit in the Report, I expect that Ireland's rating in respect of labour market mobility of migrant workers has been impacted by the severe economic downturn and the contraction of the labour market which has affected mobility opportunities of all workers. I would not necessarily agree with some of the statements in the Report e.g the arrangements for changing employment outlined above are not acknowledged. Similarly, there is no acknowledgement that families of persons issued with a Green Card are entitled to immediate family reunification and that Green Card holders may also establish a business in the State on completion of two years legal employment.