Written answers

Tuesday, 11 December 2012

Department of Jobs, Enterprise and Innovation

Employment Permit Legislation

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation his plans to amend the Employment Permit Act; and if he will make a statement on the matter. [55310/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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My Department is currently preparing new legislation, the purpose of which will be to consolidate and streamline the Employment Permits Act 2003 and the Employment Permits Act 2006. The legislation will: update provisions for the employment permits schemes in line with policy and economic developments since 2007; provide the flexibility to deal with changing labour market, work patterns and economic development needs which often require rapid response; provide for a robust employment permits regime with greater clarity for applicants; and cater for the accession of new Member States to the EU.

My Department is also actively considering the issues raised in the High Court judgement of 31 August in relation to unlawful employment contracts. It is my firm intention to amend the Employment Permits legislation in a precise manner so as to ensure that an employer may not benefit from the illegality of the contract of employment where they are found culpable in not ensuring a valid employment permit was in place for the employee concerned.

In tandem with this, my Department has reviewed its processes with a view to attracting more ICT related applications and other applications regarding highly sought skills and is confident that significant improvements can be made shortly which will greatly enhance the employment permits regime. I intend to announce a range of improvements in this regard shortly.

Work is proceeding in my Department with regard to the preparation of the Bill. Heads of Bill were approved by Government last April and since then, my Department has been engaged with the Office of the Parliamentary Counsel in order to progress the drafting of the Bill. I intend to introduce the Bill early in 2013. The Bill is a Government priority and I would expect a speedy passage through the Oireachtas after its introduction.

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