Eoghan Murphy (Dublin South East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

102. To ask the Minister for Justice and Equality in relation to au pairs, if host families are at liberty to enter into a cultural exchange programme with non-European Union students. [20949/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

An au pair is an individual who wishes to improve his/her knowledge of the English language by undertaking an au pair arrangement through residing with a family whilst attending English language classes.

An au pair arrangement is a private, voluntary, shared understanding between the parties concerned, namely a private household or sponsor family and a private individual. An au pair is regarded not as an employee but is received by a family and treated as a family member in exchange for certain services, such as a limited amount of light housework or baby-sitting. This activity is regarded as primarily cultural rather than economic and its main focus is the learning of English by the au pair.

The Department of Jobs, Enterprise and Innovation does not issue employment permits to au pairs, child minders or domestic workers and accordingly, there is no immigration permission specifically assigned to these categories of activity. A non-EEA national who applied to do au pair work or for a visa on this basis would be refused. This does not prevent EU nationals the right to exercise free movement and engaging in this activity.

However, a person who is granted permission to enter and remain in the State on the basis of being an English language student could undertake an au pair arrangement on the understanding that such an arrangement would not impinge upon, or in any way detract from, the primary purpose of the person’s presence in the State, namely as a student. Classes must be attended and evidence of attendance be available for inspection if requested.

Regulation of working conditions is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation. I am informed that in situations where a complaint is received involving a person described as an au pair, the National Employment Rights Authority (NERA), which comes within his remit, will investigate with a view to establishing the person’s statutory entitlements under employment law – including whether the term “au pair” is being used to avoid statutory obligations or indeed to get around the fact that the person might actually be a domestic employee and, if a non-EEA national, possibly unlawfully employed. In such cases NERA will act in accordance with its mandate and powers under employment legislation.

I understand that officials from my Department (from an immigration perspective), the Department of Jobs, Enterprise and Innovation and NERA are currently considering the situation with regard to au pairs in Ireland.