John Curran (Dublin Mid West, Fianna Fail)
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36. To ask the Minister for Jobs, Enterprise and Innovation to review the case of a person (details supplied) who was refused a work permit on the grounds that 50% of the employees need to be European Union nationals. [8748/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Sport and Cultural Employment Permit Application as detailed above was refused on 15^thApril 2016. This refusal was made on the basis that it appeared from the information submitted, that the foreign national in respect of whom the employment permit was being sought, was at the time of application the sole employee of the employer. This being the case, the application did not pass the 50:50 Rule, whereby at least 50% of an employer’s employees must be EEA nationals at time of application. Section 10(2B) of the Employment Permits Act 2006 (as amended) provides exemptions to the 50:50 rule for certain employment permit types, including the Sport and Cultural permit. These exemptions are as set out below:

a) at the time of application the employer has no employees

b) the foreign national in respect of whom the employment permit is being sought will be the sole employee of the employer and

c) the Minister is satisfied that the foreign national in respect of whom the employment permit is being sought will be the sole employee of the employer concerned.

The exemption at S10(2B) (a) above does not apply to the current application, since the application states that the foreign national in question is currently employed on foot of a working permission from the Minister for Justice and Equality, known as a Stamp 2 permission. In relation to the exemption provision set out at S10 (2B) (b), the application provided no evidence that satisfied the Minister that the foreign national concerned would remain the sole employee of the employer, thus this exemption from the 50:50 Rule could not be applied to the applicant.

The decision to refuse this application was communicated in writing to the applicant dated 15^thApril. The applicant was also provided with information on how to seek a review of the decision but thus far has not exercised this right.

The employer in question is also free to re-apply for an employment permit at a point in the future when the EEA / non-EEA employee ratio may reach a ratio that satisfies the 50:50 Rule.