Jan O'Sullivan (Limerick City, Labour)
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106. To ask the Minister for Jobs, Enterprise and Innovation the role her Department has played in providing opportunities for asylum seekers to work here; if the information available to her, her Department and the agencies under her remit has contributed to decisions on the way in which asylum seekers can access employment and help to fill skills gaps; and if she will make a statement on the matter. [30460/18]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Policy responsibility for asylum seekers rests with my colleague the Minister for Justice and Equality, Minister Flanagan.

The Supreme Court judgement in NVH v MJE of 30 May 2017 declared that an absolute ban on the right to work for international protection applicants is contrary to Article 40.1 of the Constitution.  Under section 16(3)(b) of the International Protection Act 2015, an applicant was prohibited from accessing or seeking to access the labour market while their application is being determined. The Government approved the recommendations of the inter-Departmental Working Group (IDG) chaired by the Department of Justice and Equality (DJE),established to examine the implications of the judgement and decided to opt into the EU (recast) Reception Directive to give effect to the Supreme Court Judgement.

Officials from Department participated proactively and constructively in the implementation group set up to give effect to the Government Decision.  My Department’s role was in relation to issues around access to the labour market. 

Taking into account the State’s continuing economic recovery and emerging labour market shortages in certain sectors, applicants that come within the terms of the Directive are being granted broad access to the labour market, in line with people ordinarily resident in the State.

Arrangements agreed under the opt-in process were announced on the 27th June 2018.  International Protection Applicants may apply to the Minister for Justice and Equality for a labour market permission, which covers both employment and self-employment, if they haven't received their first instance decision within 9 months. The Labour Market Access Unit (LMAU) of the Irish Naturalisation and Immigration Service (INIS), on behalf of the Minister, will process applications. The permission will be granted to eligible applicants for six months and will be renewable until there is a final decision on their protection application.

My officials will continue to work closely with officials of the Minister for Justice and Equality to assist with the implementation of the provisions of the Directive.