Tom Neville (Limerick County, Fine Gael)
Link to this: Individually | In context | Oireachtas source

182. To ask the Tánaiste and Minister for Justice and Equality to outline the progress that has been made on introducing legislation in view of the Supreme Court finding on the ban on work for asylum seekers; and if he will make a statement on the matter. [50741/17]

Thomas Pringle (Donegal, Independent)
Link to this: Individually | In context | Oireachtas source

196. To ask the Tánaiste and Minister for Justice and Equality when motions will be brought before the Houses of the Oireachtas enabling Ireland to opt in to the EU (Recast) Reception Conditions Directive (2013/33/EU); the outstanding measures to date required to demonstrate to the EU Commission Ireland's compliance with each article in the directive; the timeframe for the implementation of each measure until formal approval of Ireland's application to participate in the directive is given by the EU Commission; and if he will make a statement on the matter. [50852/17]

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

I propose to take Questions Nos. 182 and 196 together.

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 recognised 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 in July to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce was comprised of representatives from nine Government Department, along with the Office of the Attorney General.

On 21 November 2017, the Government approved the recommendations of the Taskforce, including the key recommendation that the State should respond to the judgment by opting-in to the EU (Recast) Reception Conditions Directive (2013/33/EU).

My Department is in the process of arranging for the Motions to be brought before the Houses of the Oireachtas. Following the approval of both Houses, the opt-in procedure with the formal notifications to the European Council and the European Commission will commence. The European Commission then has four months from receipt of this letter to confirm our participation. During these four months, the State will be required to demonstrate to the Commission how it is compliant with each Article in the Directive.

The EU Directive provides, inter-alia, that international protection applicants shall have access to the labour market no later than nine months from the date the application for international protection was lodged, if a first instance decision has not been taken and if the delay cannot be attributed to the applicant.

The Government has established an Implementation Group to oversee the opt-in procedure and the practical arrangements for facilitating access to the labour market for eligible applicants. The Group will be drawn from the membership of the Taskforce, supplemented by the participation of relevant operational areas in my own Department and in other Departments as required.