Robert Troy (Longford-Westmeath, Fianna Fail)
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294. To ask the Minister for Enterprise, Trade and Employment if consideration is currently being given to any form of work permit amnesty for employers who have inadvertently hired staff who have incorrect status, specifically in sectors which are currently struggling to source staff through the correct channels due to the labour shortage. [6057/25]

Alan Dillon (Mayo, Fine Gael)
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My department operates the employment permits system in accordance with the Employment Permits Act 2024. The 2024 Act represents the biggest reform of employment permits legislation in over a decade, allowing for a more modern, flexible employment permits system as well as ensuring employee rights are maintained.

The employment permits legislation sets out various criteria that must be met when considering a permit application, including immigration permission, testing of the labour market, minimum annual remuneration and minimum ratio of EEA employees to non-EEA employees.

The restriction on grant of an employment permit based on the ratio of EEA employees to non-EEA employees, known as the 50:50 rule, is one of a set of measures designed to protect the domestic/EEA labour market. An application for an employment permit may be considered where, at time of application, at least 50% of the company's employees are nationals of the EEA (including Ireland), the Swiss Confederation, the UK or a combination of these. This criterion underpins the Government’s employment creation objectives by requiring employers in the State to hire in a balanced manner from the local labour market and ensures that the State complies with EU Union Preference obligations. All employees are included in the count regardless of hours worked, nationality, or immigration permission held.

The employment permits legislation does not provide Ministerial powers to consider amnesty for employers found to be in breach of their obligations under the legislation. However, acting as authorised officers under the employment permits legislation, the Workplace Relations Commission (WRC) acts to promote and encourage good workplace practices and enforcement of relevant employment enactments, including the employment permits legislation, and provides support and guidance to employers in relation to compliance.

My department operates a cross-government approach in the operation of the employment permits legislation and keeps the employment permits system under review. Access to permits may be broadened to provide for labour and skills shortages in times of economic expansion through reviews of the Critical Skills Occupations List and the Ineligible Occupations List. Outside of these reviews, my department accepts sectoral submissions supported by the lead policy department for the sector.

It is also important to note that employment permit policy is part of the response to addressing skills deficits which exist and are likely to continue into the medium term. The employment permits system is not intended over the longer term to act as a substitute for meeting the challenge of up-skilling the State’s resident workforce and/or maximising the potential of EEA nationals to fill our skills deficits.