Séamus McGrath (Cork South-Central, Fianna Fail)
Link to this: Individually | In context

8. To ask the Minister for Enterprise, Trade and Employment his plans to review the work visa arrangements for individuals in high demand roles, such as in the STEM area, in particular, the rule that an employer must employ at least 50 percent of non-national workers from the EEA.; and if he will make a statement on the matter. [62148/25]

Alan Dillon (Mayo, Fine Gael)
Link to this: Individually | In context

Ireland's employment permits system is designed to facilitate the entry of appropriately skilled non-EEA nationals to fill skills or labour shortages in the State in the short to medium term. This objective must be balanced by the need to ensure that there are no suitably qualified Irish or EEA nationals available to undertake the work and that the shortage is genuine.

The system is managed through the operation of the Critical Skills Occupation List and the Ineligible Occupations List that set out skills that are in high demand or employments that are not eligible for consideration for an employment permit.

The Occupations Lists are subject to periodic review which includes a public consultation inviting submissions from interested stakeholders to provide their observations and experiences for changes, based on evidence. Receipt of submissions to the current review which I launched earlier this year closed on Friday, 19th of September. Officials from my department are currently engaging with other government departments with responsibility for various sectors of employment to consider these submissions and the evidence provided and will prepare a report with recommendations in the coming months.

I am also aware of the challenges faced by some employers in certain sectors with regard to compliance with the 50:50 rule. I have not been made aware of particular constraints faced by STEM related roles in compliance with the 50:50 rule. The employment permits management system does not indicate that this sector is non-compliant.

However, my officials are examining Ireland’s use of the 50:50 rule in general and interpretations of Union Preference as set out in the Employment Permits Act 2024. This policy review will take into account concerns around compliance with the rule and will include the observations provided by key government departments, including the Department of Justice, Home Affairs and Migration. It will also consider any potential revisions of the 50/50 rule, but noting that any proposed change will require a legislative amendment as this rule is provided for in primary legislation.

My officials will continue to engage with employers in the sector to provide advice and support on the legislative obligations for the permit process.