Written answers

Wednesday, 26 January 2022

Department of Enterprise, Trade and Employment

Work Permits

Photo of Richard O'DonoghueRichard O'Donoghue (Limerick County, Independent)
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31. To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the issue of work permits that businesses paid for in January 2020 prior to the Covid-19 pandemic to bring staff into Ireland but the person did not enter Ireland due to the pandemic and the money was never refunded; if this money is refundable to these businesses; and if he will make a statement on the matter. [3829/22]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The State's employment permit system is designed to supplement Ireland's skills and labour supply over the short to medium term by allowing enterprises to recruit nationals from outside the EEA, where such skills or expertise cannot be sourced from within the EEA at that time.

The fees for a General Employment Permit are €500 for a duration of six months or less, and €1,000 for a duration of up to 24 months. The fee levels conform to the cost recovery principle, which provides that the full cost of activities and services are recovered in the medium term.

Since the outset the Covid-19 pandemic my Department has implemented a contingency plan to ensure that the Employment Permit system will continue to operate in all scenarios. Under the Covid-19 Employment Permits Contingency Arrangements, published by my Department on 30th March 2020, a 100% refund of the application fee may be granted in cases where an application is withdrawn in advance of a decision being taken on it. However, the current employment permits legislation does not provide for a refund to be granted after an employment permit has issued, or to offset the fee paid for an issued Employment Permit against a different/new application. The employment permits legislation prescribes that where an application for an employment permit is refused or withdrawn, a portion of 90% of the fee paid is returned to the applicant.

With regard to the additional information provided by the Deputy the individual in question was issued an employment permit on 30 January 2020. A refund was requested in September 2020 as it was claimed the individual was unable to travel due to Covid. The Employment Permits Section informed the applicant on 16 November 2020 that a refund was not possible in this instance.

Furthermore, the employment permits system is run on the principle of cost recovery and while not uniquely, the Employment Permits Acts do not provide that the system reflect the cost of administering the service and enforcing the regime, there is an expectation that there is a nexus between fee income and the expenditure of administrating the service, including enforcement and provision of information, in the medium term.

Further information in relation to the contingency arrangements introduced by Employment Permits Section in response to the pandemic can be accessed on my Department’s website via the following link: enterprise.gov.ie/en/Publications/Publication-files/COVID-19-Employment-Permits-System-Contingency-Arrangements.pdf.

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