Neale Richmond (Dublin Rathdown, Fine Gael)
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79. To ask the Minister for Enterprise, Trade and Employment if it is permissible for workers who are subject to work visas and permits, to be centrally contracted by recruitment agencies, and then subcontracted out to the sector to which their visas and permits cover; and if he will make a statement on the matter. [54274/22]

Damien English (Meath West, Fine Gael)
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Under the current Employment Permits legislation if an agency subcontracts an employee, then the agency is no longer the employer.

Under the legislation, if an agency subcontracts a foreign national to a third party (within the meaning of the Employment Agency Act 1971), then the agency is not considered to be the employer. An employment agency is precluded from applying for an employment permit for this category of employee.

However, if the foreign national is to work directly for the employment agency and not third party then the employment agency would still be considered the employer.