Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

230. To ask the Tánaiste and Minister for Justice and Equality the names and positions of the members of the inter-departmental taskforce established to examine the implications of the NVH v. the Minister for Justice and Equality judgment; and if he will make a statement on the matter. [41515/17]

Catherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

231. To ask the Tánaiste and Minister for Justice and Equality the plans Ireland has to opt into the recast Reception Conditions Directive (2013/33/EU); and if he will make a statement on the matter. [41532/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 230 and 231 together.

Ireland did not opt-in to the 2003 Reception Conditions Directive or its 2013 recast.  The main reason for this are the provisions relating to access to the labour market for protection applicants which are contrary to national law.  Section 9(4)(b) of the Refugee Act 1996 (as amended) provided that applicants for international protection shall not seek, enter or be in employment or engage for gain in any business, trade or profession during the period before the final determination of their application.  This provision is restated in Section 16(3)(b) of the International Protection Act 2015.

The Supreme Court judgment in the case of N.V.H. v. the Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the constitution.  The Court recognises that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.

Following the approval of Government, an Inter-Departmental Taskforce was established to examine the wide-ranging implications of the judgment, and to consider appropriate solutions.  The Taskforce is also examining the legal options available to the State to give effect to the Judgement.  The Taskforce is being chaired by Mr. Michael Kirrane, Acting Director General, Irish Naturalisation and Immigration Service and is made up of officials, primarily at Principal Officer level, from the following Departments: Employment Affairs and Social Protection; Education and Skills; Health; Business, Enterprise and Innovation; Housing, Planning and Local Government; Children and Youth Affairs; Public Expenditure and Reform; Finance; Justice and Equality and the Office of the Attorney General.

The Taskforce is due to report back to Government shortly in preparation for the State's response to the Court judgment.  In the circumstances, it would be inappropriate for me to comment on the possibility of Ireland opting-in to the recast Reception Conditions Directive in advance of the Taskforce completing its deliberations on the matter.