Frank O'Rourke (Kildare North, Fianna Fail)
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77. To ask the Minister for Jobs, Enterprise and Innovation her plans to review the Employment Permits Act, whereby an advertisement relating to the proposed employment has to run in a national newspaper for three days as required under regulations 31(1) and 44 (1) of the employment permits regulations 2017 (details supplied); and if she will make a statement on the matter. [36131/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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There are no plans at present to amend the Employment Permit Acts but I am conscious of the need to ensure that our laws keep pace with changing technological and business practices.  The employment permits system has gone through significant updating in recent years and the application process is fully on-line. 

Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and where the positions on offer cannot be reasonably filled from within Ireland, Switzerland and the EEA (EU plus Iceland, Liechtenstein and Norway).

In order to ensure that job opportunities are made available to Irish and EEA nationals, employers must satisfy a Labour Market Needs Test before a General Employment Permit or Contract for Services Employment Permit can be issued to a non-EEA national. The specific requirements of the Labour Market Needs Test are set out in legislation in s10A of the Employment Permits Act 2006, as amended.  The employer must advertise the vacancy:

- with the Department of Social Protection Employment Services/EURES employment network for at least 2 weeks and

- in a national newspaper for at least 3 days and also

- in either a local newspaper or jobs website (separate to Department of Social Protection/EURES websites) for 3 days.

The requirement to advertise at national, EEA and in local/industry specific media ensures that information regarding the vacancy has been made available as widely as possible. In addition all advertisements must include information relating to the job description and remuneration to ensure that a subsequent offer to a non-EEA national in the event that no EEA national is found for the position is made on the same basis as the offer to an EEA national.