As I have already outlined to the Deputy, in my response to Question No. 891 of 29 September 2010, neither Ireland nor the United Kingdom exercised their option to participate in Directive 2009/52/EC providing for sanctions against employers of illegally staying third country nationals within the three month period provided for in Article 3 of the Protocol on the Position of the United Kingdom and Ireland (Fourth Protocol to the Treaty of Amsterdam replaced by the Twenty First Protocol to the Treaty of Lisbon). Participation is determined on a sovereign basis by each Member State and the question of objections, such as envisaged by the Deputy, does not arise. In any event, communications by the two countries regarding their respective participation would be considered privileged in the context of international relations.
I have also been advised by the Department of Enterprise, Trade and Innovation, which has primary policy responsibility in the area that, in general, Irish Courts have taken the view that it would be contrary to public policy to enforce contracts that might be regarded as illegal. If the courts do not, as a general rule, permit a party to rely on his or her own illegal act, an individual "employee", who is a party to an illegal contract, may, as a matter of public policy, find that he or she is prevented from enforcing a particular term of the contract, including a term implied by statute. If an employee cannot legally enforce a claim, then it is difficult to see how a statutory Agency can pursue such a claim on his or her behalf.
Regarding any future opt-in to the Directive, as a matter of course, officials of my Department keep under review Ireland's position as regards all measures adopted under Title V of the Treaty on the Functioning of the European Union (formerly Title IV of the Treaty on the European Union) in line with emerging Government priorities and policies as necessary.
Matters regarding the treatment under domestic law of employers of illegal workers are a matter for my colleague the Minister for Enterprise, Trade and Innovation.