asked the Minister for Foreign Affairs if discrimination based on nationality still exists in the EEC; if professional people who have been resident within the State for, say, three years but who have not become Irish nationals and are active in such fields as acting, art direction or photography, may obtain employment in this country without a work permit; and if he will indicate the present position regarding the right of establishment for self-employed persons.
Written Answers. - Nationality Discrimination.
69.
With regard to self-employed persons providing services here, I would refer the Deputy to my reply to his Questions Nos. 237 and 240 on 26th November, 1975, in which I indicated that it followed from the Reyners and van Binsbergen judgments of the Court of Justice that any Community provisions which related exclusively to the abolition of discrimination on grounds of nationality had become superfluous, that is to say discrimination on the basis of nationality is not permissible in this field.
Community action is still needed, however, to secure the mutual recognition of qualifications among member States, in cases where professional qualifications are required. No further directives regarding mutual recognition of qualifications have been adopted since my reply on 26th November, 1975.
With regard to employees, to employ any non-national including persons in such categories as the Deputy mentions but excluding persons born in Britain or Northern Ireland, an employer must possess a valid work permit issued by the Minister for Labour. This requirement applies even though a non-national may have been in employment in the State for three years. It is the practice, however, to treat sympathetically, applications for work permits in such instances.
Under the terms negotiated for Ireland's accession to the European Communities a five-year transitional period—ending on 31st December, 1977—was allowed during which our existing aliens control regulations on the entry into Ireland for employment of nationals of other member States of the Community—apart from citizens of Britain and Northern Ireland—would be allowed to continue.