Written answers

Tuesday, 10 July 2018

Department of Justice and Equality

Asylum Seeker Employment

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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333. To ask the Tánaiste and Minister for Justice and Equality the number of residents of direct provision centres eligible to apply for the right to work under the EU (recast) reception conditions directive, 2013/33/EU. [30897/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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The EU (recast) Reception Conditions Directive 2013 (2013/33/EU) came into operation on 30 June following my signing into law of the European Communities (Reception Conditions) Regulations 2018 giving effect to the various provisions of the Directive.

In relation to access to the labour market, it is important to note that the labour market permission is not restricted to applicants who are residing in Accommodation Centres. Thus my Department is not focused on the number of applicants in Accommodation Centres who may be eligible to access the labour market but rather on the overall numbers who are eligible.

Accordingly, it is estimated that approximately 3,000 protection applicants will be eligible to apply for the permission.

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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334. To ask the Tánaiste and Minister for Justice and Equality if an asylum seeker who has been granted international protection self-employment permission may employ or enter into partnership with another asylum seeker; if this practice is restricted; if so, if this is compliant with the EU (recast) reception conditions directive, 2013/33/EU; and the relevant section that allows for such a restriction. [30899/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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Article 15(2) of the EU (recast) Reception Conditions Directive (2013/33/EU) allows for Member States to decide the conditions for granting access to the labour market for applicants for International Protection, in accordance with national law. Under the European Communities (Reception Conditions) Regulations 2018, which transposes the Directive into Irish law, applicants for International Protection who have been granted a labour market access permission and who are self-employed cannot employ any person or carry on a business in partnership with another person.

As I am sure the Deputy will appreciate, every individual applicant is at different stage in the international protection determination process and the temporary permission to access the labour market expires as soon as the applicant receives a final decision on their application, i.e, after all appeals procedures have been exhausted. Restricting applicants from employing any other person or carrying on a business in partnership with another person, including another applicant, recognises the applicant's temporary permission to access the labour market. This protects potential employees or partners from a situation where an applicant's labour market permission expires, is otherwise withdrawn or partners who ends up with different outcomes of the protection process.

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