Dáil Éireann Debate, Thursday - 19 October 2017
15. Deputy Ruth Coppinger asked the Minister for Justice and Equality the way in which the right to work for persons seeking asylum arising from the Supreme Court ruling (details supplied) will be implemented; and if he will make a statement on the matter. [44224/17]
View answer19. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to introduce legislation to allow persons seeking international protection the right to work; and if he will make a statement on the matter. [44243/17]
View answer20. Deputy Mick Wallace asked the Minister for Justice and Equality the timeframe to allow adults in direct provision the ability to work; when he expects legislation to be presented before the Houses of the Oireachtas; if his Department has engaged civil society groups working in the area of direct provision with regard to the drafting of such legislation; and if he will make a statement on the matter. [44273/17]
View answerI propose to take Questions Nos. 15, 19 and 20 together.
Section 16(3)(b) of the International Protection Act 2015 provides that applicants for international protection shall not seek, enter or be in employment or engage for gain in any business, trade or profession during the period before the final determination of their application.
The Supreme Court judgment in the case of N.V.H. v. The Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the Constitution. The Court recognises that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.
Following the approval of Government, I established an Inter-Departmental Taskforce to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce is also examining the legal options available to the State to give effect to the judgment.
My Department engages regularly with civil society and the NGO community on international protection and wider immigration matters. Staff also attend conferences organised by the NGO sector, including one specifically on the right to work question. Written submissions have also been received.
The Taskforce is due to report back to Government very shortly in preparation for the State's response to the Court judgement. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
