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Dáil Éireann debate -
Tuesday, 22 Jun 1999

Vol. 506 No. 5

Other Questions. - Work Permits.

Jim Higgins

Question:

23 Mr. Higgins (Mayo) asked the Tánaiste and Minister for Enterprise, Trade and Employment the new arrangements and regulations concerning permission to work and to run businesses by non-EU citizens who are married to Irish citizens; the plans, if any, she has to extend the right to work to other non-EU citizens; and if she will make a statement on the matter. [15766/99]

Nora Owen

Question:

88 Mrs. Owen asked the Tánaiste and Minister for Enterprise, Trade and Employment the new arrangements and regulations concerning permission to work and permission to run businesses by non-EU citizens who are married to Irish citizens; the plans, if any, she has to extend the right to work to other non-EU citizens; and if she will make a statement on the matter. [15865/99]

I propose to take Questions Nos. 23 and 88 together.

Following discussion with the Department of Justice, Equality and Law Reform a number of changes have been introduced to the arrangements governing work permits. Essentially, a number of categories of non-EU nationals who previously required work permits in order to take up employment in the State will no longer require such permits. These arrangements will be kept under review to ensure that they are effective and do not give rise to abuses.

As and from 6 April 1999 persons who have been given permission to remain in the State because they are married to Irish nationals will no longer be required to be covered by work permits in order to take up employment in the State. Similarly, such persons may now also engage in business or in a profession without seeking the permission of the Minister for Justice, Equality and Law Reform.

It must be emphasised that the position outlined above applies only to persons who have been given leave to remain under the aliens legislation. The mere fact that a person is married to an Irish citizen or has an Irish child is not enough and a person in this position should not work even if a work permit has issued but should first seek the permission of the Minister for Justice, Equality and Law Reform to remain in the State.

With regard to extending the right to work to other non-EU-EEA citizens, I have recently submitted proposals to Government which, if agreed, would allow work permits to be issued in respect of certain categories of asylum seekers.

I welcome the extension in the categories of people who can work in Ireland without a work permit. It is a step forward. Where stands the Minister's proposal to extend work permits to other categories of non-EU citizens? Has she resolved her differences with the Minister for Justice, Equality and Law Reform?

What is the position for persons sent to Ireland for training or on intra-company transfers? Are any countries on a blacklist? There was once a list of residents from various countries who were not allowed into Ireland. Is the whole world allowed in on an intra-company exchange for less than four years or for training? Does the change in provisions for those sent to Ireland for training cover those sent here to attend Irish language schools who may be here for three years?

I am not aware if there are any countries on a blacklist for intra-company transfers for a four year period. That also applies to training, although Deputy Owen would know more than me about the Department of Justice, Equality and Law Reform. I will check the position for language schools. As I understand it, the provisions exist for training within a company as part of the wider company experience, but I will check that. The Deputy is referring to one language school, which has been in touch with me recently about difficulties it is experiencing.

The proposals I brought to Cabinet are still on its agenda. I hope they will be resolved before the summer recess. They have been on the agenda for some time.

On the last point, this side of the House wishes the Tánaiste well in her struggle at Cabinet. This is an Irish solution to an Irish problem. We must now wait for non-EU nationals to intermarry with the natives before they can support themselves and their families. It is absurd that we insist on the State paying for those people when they are ready and willing to support themselves. Does the Tánaiste know the numbers who are likely to become eligible to work as a result of this step? I agree with Deputy Owen in that we welcome this move, but I would like to know its extent before I would call it even a modest step forward. The Tánaiste said it is not enough to be married and have a child to an Irish national, an application must also be made to the Minister for Justice, Equality and Law Reform. Nelson Mandela would not get a visa into this State from this Minister for Justice, Equality and Law Reform, and the Tánaiste knows that.

It is absurd to say to those seeking asylum in this jurisdiction that we will pay them welfare but not give them the right to work to earn their own living. I have a fundamental objection to that and that is why there are alternative proposals before the Government. The public debate which has taken place on this issue has been helpful. We have to open our minds to people from other cultures. They can bring to bear on society positive influences in a host of ways apart from the humanitarian issues involved. Most of these people come from cultures where they are not accustomed to getting a cheque in the post. They are accustomed to working for their living.

I do not know how many will be covered as a result of the category of persons who marry and get permission to work from the Minister for Justice, Equality and Law Reform. I have not married an Irish citizen and have not borne a child in Ireland. I suspect not many people will be affected. We must have a wider policy with a more humanitarian approach, which would make economic sense. It is a fact that economies such as ours attract people for economic as well as humanitarian reasons. Some of them are working in the black economy and it is not good to encourage that. The law as it stands does, however, encourage it. There are also labour shortages in many sectors, and many employers would be delighted to offer employment to asylum seekers. There is a host of reasons this matter should be addressed in a satisfactory manner before the summer recess.

Under the new Standing Order, there are six minutes for each question, two minutes for the Minister's reply, one minute for a supplementary and one minute for the ministerial reply. The Chair has no control over the Standing Order except to implement it. On a question where more than one oral question is taken, the time can be doubled. If more than two are taken, the time can be trebled. There is no such facility for written questions.

A person would need a degree in maths to work out that.

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