The Supreme Court judgement in NVH v MJE of 30 May 2017 declared that an absolute ban on the right to work for international protection applicants is contrary to Article 40.1 of the Constitution. Under section 16(3)(b) of the International Protection Act 2015, an applicant was prohibited from accessing or seeking to access the labour market while their application is being determined. The Government approved the recommendations of the inter-Departmental Working Group (IDG) chaired by the Department of Justice and Equality (DJE),established to examine the implications of the judgement and decided to opt into the EU (recast) Reception Directive to give effect to the Supreme Court Judgement.
An Implementation Group was established to oversee the opt-in process and involved formal discussions with the European Commission to ensure compliance with each aspect of the Directive. My Department's officials participated proactively and constructively on the IDG and on the Implementation group in relation to labour market access.
Arrangements agreed under the opt-in process, which falls under the remit of the Minister for Justice and Equality, were announced on the 27th June 2018. International Protection Applicants may apply to the Minister for Justice and Equality for a labour market permission, which covers both employment and self-employment, if they haven't received their first instance decision within 9 months. The Labour Market Access Unit (LMAU) of the Irish Naturalisation and Immigration Service (INIS), on behalf of the Minister, will process applications. The permission will be granted to eligible applicants for six months and will be renewable until there is a final decision on their protection application.
Under the new arrangements for International Protection Applicants will not have access to the employment permit system operated by my Department.
The interim arrangements for the short period from 9th February 2018 when Section 16(3)(b) was struck down until the introduction of the new process, enabled those seeking international protection to access the labour market through the Employment Permit Acts on the same basis as other non-EEA citizens. The Employment Permits Section of my Department inform me that only two applications for employment permits had been received from International Protection applicants.
The Department of Justice and Equality advise that on 9th February 2018 it established a self-employment scheme for those who have sought International Protection in Ireland that are waiting more than nine months for a first instance decision on their application. As of Friday 22nd June 2018, the Department of Justice and Equality had received 754 applications for self-employment and 525 of those applications had been granted.
Ireland operates a managed employment permits system which maximises the benefits of economic migration while minimising the risk of disrupting Ireland’s labour market. It operates an occupational list system for in-demand occupations and those for whom a ready source of labour is available which are ineligible for an employment permit. Changes to access to the Irish labour market for occupations through the employment permits system are made on the basis of evidence involving research by the Expert Group on Future Skills Needs, the National Skills Council, a public consultation process and extensive engagement with Government Departments.
