Written answers

Tuesday, 29 March 2022

Department of Justice and Equality

Direct Provision System

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

571. To ask the Tánaiste and Minister for Justice and Equality if she will consider allowing all persons in direct provision to work given the new refugee programme for those fleeing war in Ukraine; and if she will make a statement on the matter. [14565/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the EU Temporary Protection Directive (2001/55/EC) has been activated for the first time in response to the Ukraine crisis. The Directive is an emergency provision designed to quickly and humanely respond to the mass displacement of Ukrainian people by Russian aggression.

Those eligible for Temporary Protection (granted initially for one year, but renewable) will have immediate access to the labour market, social welfare, accommodation and other State supports as necessary. A whole-of-Government response is being mobilised to implement the practical arrangements to give effect to these commitments.

The Directive has legal effect under Section 60 of the International Protection Act 2015. Section 60 (14) of the 2015 Act provides that temporary protection cannot be applied to a person who is an international protection applicant.

Therefore, while those who are eligible for Temporary Protection under the EU Council Decision have a right to apply for International Protection separately under the International Protection Act, 2015, it is not possible for them to benefit from Temporary Protection if they have a current application for International Protection.

As the Deputy will also be aware, international protection applicants are not required to apply for an employment permit from the Department of Enterprise, Trade and Employment to legally obtain employment in the State. This applies to all international protection applicants, including those residing in State provided accommodation.

The European Communities (Reception Conditions) (Amendment) Regulations 2021 (S.I. No. 52 of 2021) reduced the waiting period for labour market access for international protection applicants to 6 months and extended the validity of a labour market access permission to 12 months, with effect from 9 February 2021. The European Communities (Reception Conditions) (Amendment) (No. 2) Regulations 2021 (S.I. No. 178 of 2021) provided for access to the labour market for international protection applicants who are subject to the Dublin III Regulation procedure and came into operation on 15 April 2021.

Up to and including 1 March 2022, a total of 10,378 applications have been received by my Department for a labour market access permission. Of these applications, approximately three quarters (7,624) have been granted and 2,232 have been refused, with a further 340 applications pending. The pending figure includes applications which have not yet reached the 6 months criterion, and those where the return of requested supporting documents is awaited and may therefore ultimately become granted applications. A further 182 applications have been deemed closed.

A total of 4,255 people granted a permission have returned an LMA5 form to my Department to indicate they had become either employed or self-employed. Of these, 2,976 resided in State-provided accommodation.

Comments

No comments

Log in or join to post a public comment.