Dáil Éireann Debate, Thursday - 1 December 2022
161. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if non-EU applicants can apply for positions advertised on a website (details supplied); if she plans to change current work permit legislation in relation to teaching positions given the current crisis in filling positions; and if he will make a statement on the matter. [59915/22]
View answer164. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if teaching jobs advertised for teaching staff on a website (details supplied) which receive applications from persons from non-EU states residing in Ireland must also be advertised on another website to comply with current work permit regulations relating to positions not deemed critical skills; and if he will make a statement on the matter. [59911/22]
View answerI propose to take Questions Nos. 161 and 164 together.
The State's employment permit system is vacancy-led and managed through the operation of the Critical Skills Occupations List and the Ineligible Occupations List which, respectively, prioritise specified in-demand, highly skilled professional roles and identify occupations for which a labour supply should be available in the EEA and so are ineligible for consideration for an employment permit.
The lists undergo regular evidence-based reviews which are guided by research undertaken by the Expert Group on Future Skills Needs (EGFSN), the Skills and the Labour Market Research Unit (SLMRU) of my Department, SOLAS and by a public consultation.
My Department chairs the Economic Migration Interdepartmental Group to oversee the review process which includes membership drawn from senior officials of key departments including the Department of Education which has policy responsibility for this sector.
Outside of the full review process the Department continues to be in contact with other relevant policy departments in this case the Department of Education to address particular challenges as they arise. The timing of the next Review of the Occupational Lists is being kept under consideration.
The Government’s policy is that employment opportunities should, in the first instance, be offered to suitably skilled Irish and other EEA nationals and should only be offered to non-EEA nationals where no suitable candidate emerges from within the EEA to fill the vacancy. This policy fulfils our obligations under the Community Preference principles of membership of the EU.
The role of Teacher in either secondary or primary schools is currently eligible for the General Employment Permit. In order to ensure that job opportunities are made available to Irish and EEA nationals, employers must undertake a Labour Market Needs Test before a General Employment Permit can be issued.
To satisfy the Labour Market Needs Test, the employer must advertise the vacancy with the Department of Social Protection’s Employment Services/EURES European employment services network for at least 28 days. The vacancy must also be advertised in a national newspaper for at least three days as well as in either a local newspaper or other jobs website (separate to the aforementioned EURES website) for three days.
