Dáil Éireann Debate, Wednesday - 25 October 2017
187. Deputy Thomas Pringle asked the Minister for Justice and Equality his plans to give the opportunity to organisations and persons to present to the interdepartmental task force considering the implications of the decision in the Supreme Court judgment in a case (details supplied) prior to the taskforce making its final decision. [45214/17]
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 judgment 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 Inter-Departmental 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.
My Department engages regularly with civil society and the NGO community on international protection and wider immigration matters. Staff also attend conferences organised by the NGO sector, including one specifically on the right to work question. Written submissions have also been received.
The Taskforce is due to report back to Government very shortly in preparation for the State's response to the Court judgement. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
