Written answers
Tuesday, 24 October 2017
Department of Justice and Equality
Employment Rights
Fiona O'Loughlin (Kildare South, Fianna Fail)
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192. To ask the Tánaiste and Minister for Justice and Equality when the right to work for persons seeking asylum arising from the recent Supreme Court ruling will be implemented; and if he will make a statement on the matter. [45051/17]
Charles Flanagan (Laois, Fine Gael)
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The Supreme Court judgement 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, I established an Inter-Departmental Taskforce to examine the wide-ranging implications of the judgement, 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 due to report back to Government shortly in preparation for the State's response to the Court judgement. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
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