Charlie McConalogue (Donegal, Fianna Fail)
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104. To ask the Minister for Jobs, Enterprise and Innovation her views on permitting employment permits to be extended for agriculture workers from non-EEA countries as put forward by farming organisations to deal with labour shortages in some sectors. [45341/17]

Frances Fitzgerald (Dublin Mid West, 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 State and other EEA states.

Ireland operates an employment permits regime that:

- focuses on key sectors and skills shortages, especially in economically strategic enterprises with potential for jobs growth,

- adheres to the principle of community preference and avoids disrupting the labour market or reducing the employment opportunities for the resident population,

- ensures that employment permit holders are making a positive net contribution to the Irish economy,

- minimises the potential for abusing the employment rights of migrants, is clear and consistent and therefore attractive to migrants and employers,

- is administratively effective and efficient, has a clear legislative basis, and is sufficiently flexible to react quickly to changes in the labour market.

The permits system operates at all levels of the Irish labour market as follows:

- The highly skilled jobs segment for which special “fast-track” rules apply (e.g. family can join the permit holder immediately, permanent residency in available after two years). Occupations on the highly skilled include professional positions in medicine, ICT, sciences, finance and business.

- The ineligible jobs segment, Occupations on the ineligible list are largely but not exclusively lower skilled occupations. There is evidence that there are no labour shortages from within Ireland/EEA to fill such vacancies. Therefore, no-one is eligible to get an employment permit if they are applying for such jobs.

- Every other job in the labour market, where an employer cannot find a worker, may be eligible for an employment permit.The employer has to do a Labour Market Needs Test (i.e. advertise the job for two weeks) to see if there is anyone in the State/EEA who could do the job.  If no-one suitable applies for the job, the employer is free to apply for an employment permit.

It is vital that the employment permits system is responsive to changes in economic circumstances and labour market conditions. Therefore the highly skilled and ineligible occupation lists are reviewed twice annually. Any changes to access to the Irish labour market for specific occupations via the employment permits system are made on the basis of research undertaken by the Expert Group on Future Skills Needs (EGFSN) in tandem with a consultation process, as part of a package of measures to meet those skills needs.

An occupation may be considered for removal from the ineligible list where:

- There are no suitable Irish/EEA nationals available to undertake the work;

- Development opportunities for Irish/EEA nationals are not undermined;

- Genuine skills shortage exists and that it is not a recruitment or retention problem;

- The Government education, training, employment and economic development policies are supported;

- The skill shortage exists across the occupation, despite attempts by industry to train and attract Irish/EEA nationals to available jobs.

Currently all agricultural workers are included on the ineligible list of employments. While some tightness in the labour market for these occupations is being reported by the sector it is clear that issues emerging relate to the ability of the sector to attract and retain employees. Removing

such workers from the ineligible list would not resolve the structural issues which have resulted in the current labour deficit.  Investment in education, training and skills development are key requirements in the agricultural sector. 

In the interest of meeting the sector's labour and skills needs in the longer term, my officials are meeting with officials in the Department of Agriculture, Food and the Marine to explore how that Department can achieve an integrated response to meeting the demand.