Bernard Durkan (Kildare North, Fine Gael)
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278. To ask the Minister for Jobs, Enterprise and Innovation when a work permit will issue in the case of a person (details supplied); and if she will make a statement on the matter. [27988/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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A Contract for Services Employment Permit application was refused by my Department on 27^thSeptember 2016. In the first instance 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. In accordance with this my Department operates an Ineligible Categories of Employment List (ICEL) which is reviewed biannually. The occupation of Stone Mason is included on the current ICEL. In addition, at the time of application the employee was in the State without current immigration permission. Also, although the employer sought this application under my Department’s Trusted Partner initiative they were not registered as a Trusted Partner under the scheme.

The application was also refused for a number of reasons that relate specifically to the category of employment permit sought: the annual remuneration stated was less than €40,000, the prescribed remuneration in respect of permits of this type;the contractor did not made appropriate arrangements to provide board or accommodation or health insurance for the foreign national for the period they are due to be in the State; the foreign national was not employed by the contractor for at least 6 months prior to this application as required; supporting documentation indicated that the foreign national concerned may not be employed by the contractor concerned during the period for which the employment permit is to be granted. Finally, as the application was not on my Department’s Highly Skilled Eligible Occupations List (HSEOL), as it was not supported by an Enterprise Development Agency such as IDA Ireland, or Enterprise Ireland, and as the annual salary stated was less than €60,000, the employer was obliged to undertake a Labour Market Needs Test. This Test, which ensures that job opportunities are made available to Irish and EEA nationals, was not undertaken by the employer as required.

The applicant has been informed that in accordance with Section 13 of the Employment Permits Act 2006, as amended, they may 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.