Written answers

Wednesday, 22 June 2016

Department of Justice and Equality

Work Permits Eligibility

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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47. To ask the Minister for Justice and Equality why she has not implemented the right to work for asylum seekers after nine months, as recommended in the McMahon report; if she will do so; and if she will make a statement on the matter. [17111/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 9(4)(b) of the Refugee Act 1996 provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. This prohibition is restated in the International Protection Act 2015 which is expected to be commenced later this year. The key concern in this regard is that both the asylum process and the wider immigration system would be undermined by giving immigrants who secure entry to the State, on foot of claims to asylum, the same access to employment as immigrants who follow the lawful route to employment. There is an effective visa and immigration system in place for those who wish to lawfully migrate to the State for employment purposes. Any change in public policy with regard to 'right to work' would also have to have regard to the unemployment situation pertaining in the State at any given time.

The Deputy will, however, be aware that the International Protection Act provides for the introduction of a single application procedure for international protection, which is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will streamline and speed up the processing of protection applications and will significantly reduce the length of time that persons spend awaiting a decision on their protection application. The commencement of the single procedure and its development to a point where it is operating efficiently will respond to this particular recommendation of the Working Group Report. To be clear, the recommendation in the Working Group did not confer an automatic right to work. Rather it proposed an enabling provision only in the event that the single protection procedure did not operate as anticipated in relation to processing timescales. I might add that general policies in relation access to the labour market has been the subject of change in a number of EU Member States in the past number of months with a general tightening of regulations evident. Our policy in this area will be kept under review taking into account all relevant factors.

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