Dáil Éireann díospóireacht -
Tuesday, 2 Apr 1996

Vol. 463 No. 6

Adjournment Debate. - Work Permit Application.

Mr. Ring

I was contacted by Andy Lam who owns the Silver House Chinese restaurant in Linenhall Street, Castlebar, and who is trying to get his brother, Hon Kit Sammi-Lam, into the country. Mr. Lam employs two Irish people — one part time — pays all his taxes and keeps his business above board. He wants to employ his brother as a specialist chef. He has tried to get Irish people to cook Chinese food but it did not work out. They are doing a great business but he has to work day and night. He is married with three young children and they are settled well into the community. However, last weekend he was sick and had to close his business from Thursday to Sunday, losing three to four days' valuable trading time.

I ask the Minister to look at this case. This man employs Irish people and will employ more because he intends to expand his business. He works hard for long hours and needs a work permit for his brother who will assist him. His young family go to school in Castlebar and he makes a major contribution to the local economy.

I have been involved with emigrants all my life as a public representative. I was chairman of the Westport Emigrants' Reunion for ten years. Irish people are dotted all over the world. Last week, our President and the Chief Whip, Deputy Jim Higgins, were in South Africa where they met many Irish people. The Taoiseach and many Ministers travelled the length and breadth of America for St. Patrick's Day and they met many Irish people who have done very well over there. Our Governments over the years have put pressure on politicians all over the world to let our people work in their countries.

I ask the Minister to show compassion to a man who has made a major effort to raise his family. He employs Irish people and intends to expand his business if his brother can come here to assist him. It is sad when a man's business depends on him solely. He had to close his business last week and put a notice in the newspaper because he was sick. He is doing his best and making a major effort. I ask the Minister to reconsider giving his brother a work permit so that he can assist him with his three young children. This individual does not have a million pounds but he employs Irish people.

I ask the Minister to think of the Irish people around the world. Let us not be hypocritical. We are glad to see our people employed all over the world, although we do not know whose jobs they are taking. This person is not asking the Minister to allow someone in who will take an Irish person's job — he wants someone to assist in his specialised business. I appeal to the Minister to give this man's brother a work permit. His wife came to my clinic last week and cried because they cannot stick the pressure. I appeal to the Minister on compassionate grounds as we depend on other countries to take in Irish emigrants. Let us not be hypocritical.

Minister for Enterprise and Employment (Mr. R. Bruton)

I understand the Deputy's frustration but there is an established system for dealing with such cases. The background of this case colours considerably the Department's approach to the application. The position is that applications for work permits are made by employers and considered in my Department under the aliens' legislation. Such permits are necessary before an employer can employ a person who is not a citizen of the European Economic Area. The main criterion in regard to the issue or refusal of an application for a work permit is based on the need to ensure that job opportunities which arise in the State are, as far as possible, reserved for Irish or EEA nationals. Permits are not granted unless the employer can show that, despite all reasonable efforts having been made, there are no suitably qualified Irish or EEA nationals available for the position in question.

The most recent application in respect of the person in question was received in the work permit section of my Department on 14 February 1996 and the decision to refuse the application was taken on 28 February 1996. This decision was transmitted to the applicant on the same date. The basis of the refusal was that my Department had been informed by the Department of Justice that the person in question had been in the State illegally and had been refused permission to remain. He was asked to leave the State in April 1994, but he returned subsequently without going through immigration control. He was again asked to leave the State by the Department of Justice on 24 January 1996. I understand he has, in fact, left the State since then.

It is the policy of my Department not to issue work permits in respect of persons who are working, or have previously worked, in the State illegally. I understand the person in question had been working for the employer in question since at least 1992. My Department liaises closely with the immigration section of the Department of Justice in this regard. The employer in question has been informed on a number of occasions that if he submits a work permit application in respect of a suitably qualified member of the legally resident ethnic community in the State, it will be favourably considered.