Peter Burke (Longford-Westmeath, Fine Gael)
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214. To ask the Tánaiste and Minister for Justice and Equality if there is any particular process in the case of Ukrainian refugees seeking to work in Ireland for the Garda vetting in the current circumstances, or if the Ukrainian refugees are to apply in the normal way provided they have proof of identity; and if she will make a statement on the matter. [22527/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) has been activated in response to the Ukraine crisis. Ireland participates in this measure, which is given legal effect under section 60 of the International Protection Act 2015.

Those fleeing the conflict in Ukraine will generally be eligible for this temporary protection, initially for one year and on a renewable basis. It will provide beneficiaries with immediate access to the labour market, along with access to social welfare, accommodation and other State supports.

There is no requirement for any beneficiary of temporary protection to have an employment permit issued by the Department of Enterprise, Trade and Employment, to access the labour market. The temporary protection permission letter issued by my Department establishes the right of access.

As with all applications for employment in the State, the personal credentials of the applicant and any specific qualifications, vetting or professional licence they require for the role should be verified by potential employers as part of the candidate selection process. My Department does not have a role in this process.

The Deputy will be further aware that the primary purpose of the employment vetting carried out by the National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. It is carried out by An Garda Síochána in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016 and neither I, as Minister, nor my Department, have any role in the processing of vetting applications.

Specifically, section 12 stipulates the requirement for "Relevant Organisations" to receive Vetting Disclosures from the Garda National Vetting Bureau prior to them employing individuals, regardless of their nationality, to conduct "relevant work or activities" in line with the Schedules set out in the Act.

As the Deputy will appreciate, the Garda National Vetting Bureau do not assess the suitability of persons taking up relevant work or activities with Relevant Organisations. Rather, the Bureau issue Criminal Record Disclosures in line with the legislation, to assist Relevant Organisations in making safer recruitment decisions and it is the Relevant Organisation which makes the decision to employ or otherwise.

All Relevant Organisations seeking to employ persons to conduct relevant work or activities are required to do so in line with the current legislation framework, as set out in the National Vetting Bureau (Children and Vulnerable) Persons Acts 2012/2016.

If a Relevant Organisation in Ireland is asking individuals to provide evidence of no convictions from another jurisdiction, then that is a request being made by that organisation as the decision maker on the suitability of a person to take up employment in Ireland.

For the Deputy's information, I am aware that the Ministry of Internal Affairs of Ukraine provides a service for candidates to generate by themselves the relevant official non-conviction certificate through the recently launched online service vytiah.mvs.gov.ua/app/landing. However, I am informed that this Ukrainian non-conviction certificate is not a system that the National Vetting Bureau uses or has any further knowledge of.