Barry Heneghan (Dublin Bay North, Independent)
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369. To ask the Minister for Enterprise, Trade and Employment if he will consider introducing flexibility in the application of the labour market needs test for work permit applicants in the education sector, in particular in cases where a qualified and experienced teacher is already employed in a hard-to-fill position but is unable to reapply for a general employment permit due to a shortfall in the 28-day advertising requirement; and if he will make a statement on the matter. [25126/25]

Alan Dillon (Mayo, Fine Gael)
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My department commenced the Employment Permits Act 2024 in September last year, representing the biggest reform of employment permits legislation in over a decade. The 2024 Act allows for a more modern, flexible employment permits system as well as ensuring employee rights are maintained.

The 2024 Act updated the labour market needs test (LMNT) process by eliminating the need for hard copy newspaper advertisements to be conducted and accepting online employment website postings be submitted as part of the application criteria.

The LMNT is one of the criteria used in the employment permits legislation to ensure that job vacancies are first offered to nationals of Ireland, the EEA, the UK or the Swiss Confederation and underpins the Government’s employment creation objectives. Employers must first advertise a role to those already in the local and EEA labour markets for 28 days. If no suitably qualified candidate can be found within Ireland/the EEA, the employer can then apply for an employment permit.

The requirement for an LMNT to be conducted before an application is submitted applies to the General Employment Permit (GEP) for eligible roles across all sectors, including the education and training sector. The LMNT must be carried out before the application for a new GEP. There is no requirement for an LMNT for applications to renew and continue the validity of the first GEP granted.