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Work Permits.

Dáil Éireann Debate, Thursday - 8 July 2004

Thursday, 8 July 2004

Ceisteanna (82, 83, 84)

Olwyn Enright

Ceist:

76 Ms Enright asked the Tánaiste and Minister for Enterprise, Trade and Employment if a work permit will be granted to an employer for a person from the Philippines in a situation (details supplied); and if she will make a statement on the matter. [21115/04]

Amharc ar fhreagra

Olwyn Enright

Ceist:

78 Ms Enright asked the Tánaiste and Minister for Enterprise, Trade and Employment if a person is unable to source a suitable live-in child minder here, the EU or the accession states, having advertised with FÁS, if they are entitled to a work permit for a suitable person outside these areas. [21117/04]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 76 and 78 together.

Arising from EU enlargement on 1 May 2004, Ireland's dependence on non-EEA labour changed fundamentally. On that date, Ireland lifted all work permit requirements in respect of workers from the ten new member states and it was decided that in future, most of Ireland's overseas labour needs and all of its needs for low and unskilled workers should be met from within the enlarged EEA. The EEA consists of the EU together with Iceland, Norway and Liechtenstein.

Applications for work permits are now being considered by reference to the following criteria. The job requires explicitly identified skills. The onus is on the employer to provide job and person specifications which show such requirements. Such skills cannot be sourced within the enlarged EEA, after a genuine effort and at a realistic wage; The Department will continue to refer employers to local FÁS offices and will develop, in consultation with relevant agencies, clear guidelines on testing the EU labour market and appropriate ranges of pay; training and upskilling of Irish and EU workers is not an option, for stated reasons; and the identified candidate can be shown to possess the required qualifications and skills. The employer will be required to demonstrate that this is so.

My Department, informed by its experience of supply and demand, proposes that for the time being, it will continue with its current policy that has proven to be successful in reducing dependence on unskilled low-paid non-EU labour. This consists of using the current list of ineligible occupations as well as referring all applications for work permits, which do not meet with the criteria above, back to the applicant with the recommendation that EU workers are recruited instead. Work permits are not granted in respect of job categories on the ineligible list including child minding in domestic circumstances.

Olwyn Enright

Ceist:

77 Ms Enright asked the Tánaiste and Minister for Enterprise, Trade and Employment the options available to a non-national working here with a work permit and not receiving the minimum wage; the options which are open to them if they decide to leave their current employer as a result of not receiving the minimum wage; if there are circumstances in which they would be granted another work permit to remain here with a new employer if they were to leave as a result of not receiving the minimum wage; and if she will make a statement on the matter. [21116/04]

Amharc ar fhreagra

Work permits are only granted where there is compliance with minimum wages legislation. When an employer applies for a work permit in order to employ a non-EEA national, the Department requires a statement outlining the main functions of the job, the salary, any deductions, other than statutory, other benefits and hours to be worked per week. Both the proposed employer and the proposed employee must sign this statement. If there is evidence that a particular employer is exploiting workers for whom work permits are held I would ask that it be brought to the attention of the labour inspectorate of my Department for investigation and further action and to the work permit section.

The main option open to an employee on a current work permit who finds that they are let go and without a job is to find a new employer who is prepared to apply for a work permit to employ them. In such circumstances, my Department is prepared to facilitate sympathetic and flexible consideration of a new work permit application in respect of that employee.

Question No. 78 answered with QuestionNo. 76.
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