Bríd Smith (Dublin South Central, People Before Profit Alliance)
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160. To ask the Minister for Enterprise, Trade and Employment if he will examine the case of a teacher (details supplied) who teaches an autism class in a school which has four other unfilled teaching posts due to a teacher shortage in which the person faces losing their position due to a refusal to issue a work permit to them; and if he will make a statement on the matter. [59914/22]

Damien English (Meath West, Fine Gael)
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The Employment Permits Section of my Department informs me that on 24^thOctober 2022 the application concerned (in the details supplied) was refused, and on 21^stNovember 2022 a request for a review of the refusal in this case was also refused.

The reasons for the refusal of the application (and the review) were that an advertisement for the employment was not placed with the Department of Social Protection/EURES for 28 days during the 90 days preceding the application and not placed in a national newspaper and in a local newspaper or on a website for three days. The requirements in relation to the Labour Market Needs Test are set out in employment permit regulations and as such must be fully adhered to as the current legislation provides no discretion where there is a failure to carry it out correctly.

The refusal to grant an employment permit does not preclude the applicant from submitting another application for an employment permit. Such an application must comply with all of the legislative requirements for the particular employment permit type. Therefore, in order to obtain an employment permit for the non-EEA national concerned the employer is required to submit new General Employment Permit application after carrying out a valid Labour Market Needs Test for the employment.

Information in relation to the Labour Market Needs Test is available on the Department’s website and can be accessed through this link enterprise.gov.ie/en/What-We-Do/Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Labour-Market-Needs-Test/.

A Checklist Document has been prepared to assist applicants when applying for a General Employment Permit application and this can be accessed on the Department’s website at .

There is no provision under the Employment Permits legislation for the provision of temporary employment permits for occupations that do not qualify for a Critical Skills employment permit.

If a permit is urgently required, an applicant may request to have an application expedited. A request to have an application expedited will be considered in exceptional cases and must be accompanied by a compelling business case which details the individual circumstances involved.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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161. To ask the Minister for Enterprise, Trade and Employment if non-EU applicants can apply for positions advertised on a website (details supplied); if she plans to change current work permit legislation in relation to teaching positions given the current crisis in filling positions; and if he will make a statement on the matter. [59915/22]

Bríd Smith (Dublin South Central, People Before Profit Alliance)
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164. To ask the Minister for Enterprise, Trade and Employment if teaching jobs advertised for teaching staff on a website (details supplied) which receive applications from persons from non-EU states residing in Ireland must also be advertised on another website to comply with current work permit regulations relating to positions not deemed critical skills; and if he will make a statement on the matter. [59911/22]

Damien English (Meath West, Fine Gael)
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I propose to take Questions Nos. 161 and 164 together.

The State's employment permit system is vacancy-led and managed through the operation of the Critical Skills Occupations List and the Ineligible Occupations List which, respectively, prioritise specified in-demand, highly skilled professional roles and identify occupations for which a labour supply should be available in the EEA and so are ineligible for consideration for an employment permit.

The lists undergo regular evidence-based reviews which are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN), the Skills and the Labour Market Research Unit (SLMRU) of my Department, SOLAS and by a public consultation.

My Department chairs the Economic Migration Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key departments including the Department of Education which has policy responsibility for this sector.

Outside of the full review process the Department continues to be in contact with other relevant policy departments in this case the Department of Education to address particular challenges as they arise. The timing of the next Review of the Occupational Lists is being kept under consideration.

The Government’s policy is that employment opportunities should, in the first instance, be offered to suitably skilled Irish and other EEA nationals and should only be offered to non-EEA nationals where no suitable candidate emerges from within the EEA to fill the vacancy. This policy fulfils our obligations under the Community Preference principles of membership of the EU.

The role of Teacher in either secondary or primary schools is currently eligible for the General Employment Permit. In order to ensure that job opportunities are made available to Irish and EEA nationals, employers must undertake a Labour Market Needs Test before a General Employment Permit can be issued.

To satisfy the Labour Market Needs Test, the employer must advertise the vacancy with the Department of Social Protection’s Employment Services/EURES European employment services network for at least 28 days. The vacancy must also be advertised in a national newspaper for at least three days as well as in either a local newspaper or other jobs website (separate to the aforementioned EURES website) for three days.