Michael Healy-Rae (Kerry, Independent)
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930. To ask the Minister for Jobs, Enterprise and Innovation the position regarding a business (details supplied) wishing to employ a foreign national; and if she will make a statement on the matter. [26618/16]

Pat Breen (Clare, Fine Gael)
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The State's general policy is to promote the sourcing of labour and skills needs from within the workforce of the EU and other EEA states. My Department operates an Ineligible Categories of Employment List (ineligible lists) which is reviewed biannually. Currently the occupations of barber and hairdresser are included on the ineligible list. The public consultation phase for the next review has commenced and can be viewed at:.

I have confirmed in writing to the Trade Body responsible for this business activity that it is open to them and to the industry in general to make a case for hairdressers and barbers to be removed from the ineligible list. Such submissions should address how all other options to fully utilise the domestic/ EEA labour market are being explored.

With regard to the specific Employment Permit application referred to by the Deputy a General Employment permit application was refused on 1 September 2016 for a number of reasons: the occupation of barber is included on the current list of ineligible occupations; the visitor immigration status held by the employee precluded him from taking up employment; and the employer did not have any employees at the time of application and therefore did not satisfy the requirement that 50% of their employees come from within the EU/EEA. Additionally, the employer did not properly undertake the Labour Market Needs Test as is required in respect of General Employment Permits in order to ensure that job opportunities are made available to Irish and EEA nationals.

The applicant was informed that in accordance with Section 13 of the Employment Permits Act 2006, as amended, theymay seek a review of this refusal decision within twenty-eight (28) days from the date of refusal letter. To date no such request for review has been received.