Dáil Éireann Debate, Tuesday - 10 October 2017
232. Deputy David Cullinane asked the Minister for Justice and Equality his plans to introduce legislation to remove the ban on the right to work of asylum seekers in view of the recent Supreme Court ruling; and if he will make a statement on the matter. [42382/17]
Amharc ar fhreagraSection 16(3)(b) of the International Protection Act 2015 provides that applicants for international protection shall not seek, enter or be in employment or engage for gain in any business, trade or profession during the period before the final determination of their application.
The Supreme Court judgement in the case of N.V.H. v. The Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the Constitution. The Court recognises that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.
Following the approval of Government, I established an Interdepartmental Taskforce to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce is also examining the legal options available to the State to give effect to the judgment.
The Taskforce is due to report back to Government shortly in preparation for the State's response to the Court judgment. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
