Bernard Durkan (Kildare North, Fine Gael)
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319. To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the situation affecting a number of holders of work permits who have resided and have been employed here for several years most often in the same employment, but whose work permits were not renewed regularly but were given the impression that their documents were in order and who now find themselves deemed to be ineligible for residency and are deemed to have been illegally in this country; if he will examine such cases as a matter of urgency and make the necessary provisions to ensure that such issues are addressed; and if he will make a statement on the matter. [18995/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The employment permits regime is a managed system in that a 3rd country national (i.e. a national who is not a member of the European Economic Area and Switzerland) cannot be employed in the State without an employment permit, nor can an employer employ such a person without an employment permit. An employer who employs a 3rd country national requiring, but without, an employment permit is open to prosecution under the Employment Permits legislation. There is a careful balance to be struck. On the one hand there can be situations where an employee, unwittingly, falls out of the employment permit regime and the question then arises as to whether there should be a channel for them to regularise their position. On the other hand, such a provision should not serve to incentivise employers for not adhering to their legal responsibilities.

I do recognise that occasionally 3rd country nationals, having entered the labour market legally, can find themselves, through no fault of their own, without the necessary permission to remain employed, or, having left the original employment in respect of which an employment permit was granted, are unable to re-enter employment. From time to time the Migrant Rights Centre Ireland brings such cases to the attention of my Department and in such circumstances, I may consider the granting of an employment permit on an exceptional and case by case basis. Applicants must set out in detail their particular circumstances explaining how they arrived at their situation and satisfy me that a refusal to grant an employment permit would cause undue hardship.