I propose to take Questions Nos. 271 to 273, inclusive, 277, 281 to 286, inclusive, 302, 303, 308 and 309 together.
During the course of the debate in the Joint Oireachtas Committee on Justice & Equality, and last week in the Seanad and the Dáil I outlined the proposal and rationale for opting into the EU (recast) Reception Conditions Directive under the terms of Protocol 21, annexed to the EU Treaties. I also outlined the process involved with the EU Commission which will take four months to complete as well as the need for interim arrangements between 9th of February and the completion of the opt-in process in order to comply with the decision of the Supreme Court of 30th November last. I am pleased that the Oireachtas has approved the decision of the Government to opt-in thus enabling formal discussions to commence with the EU Commission – a process which as I have said is expected to take 4 months to complete.
The interim arrangements for the short period prior to opt-in will enable those seeking international protection to access the labour market through the Employment Permits Acts 2003- 2014. The same rules as currently applies to any non-EEA national seeking access to the labour place will apply to those seeking international protection. I might add that generally, any fees accompanying such access is paid by the employer. In addition, I have decided to use my discretionary powers to introduce, on an administrative basis, for applicants who are 9 months or more without a first instance recommendation to allow access to self-employment for eligible applicants. The full details of this administrative scheme are currently being finalised and will be published prior to the 9th February. Any persons entering the workforce are subject to Irish employment laws and International Protection applicants will be no different in this regard.
As outlined, these are interim measures until the opt-in process is complete. Once this happens, access to the labour market will be underpinned by EU law. The implementation group, chaired by my Department and with representatives from all relevant Departments and Agencies, is currently working through the details, which will include less restrictive access to different categories of work than the employment permits regime which will apply in the interim period. Widening access to the labour market is a complex issue needing to take account of a range of factors such as maintaining the integrity of the Common Travel Area, potential impacts of Brexit and any impacts on the existing employment permits regime for non-EEA nationals. These considerations will be balanced with meeting the Directive’s requirement of granting effective access to the labour market, being cognisant of current labour market shortages, the skill set of applicants and employment opportunities available in both urban and rural communities. The arrangements will be subject to review.
The group will also be engaged with the European Commission to ensure compliance with each aspect of the Directive – a process that could only formally commence once the Oireachtas approved the opt-in on 23rd January and the Commission and European Council have been formally notified. It must be stressed that the Directive covers a number of areas other than labour market access, including important provisions in relation to children’s rights - including for unaccompanied minors, healthcare and education provision. The Directive also defines the required material reception conditions for applicants, which includes housing, food, clothing and a daily expenses allowance. Compliance with all of these aspects will be discussed in detail with the EU Commission in the coming period.
Participation in the Directive will, for the first time, place the provision of these material reception conditions for applicants, which are currently provided for under the executive system of Direct Provision, on a statutory basis, underpinned by EU law.
Opting into this Directive will align that process fully with EU norms and standards. This is an important and major development and one which has been requested by a number of NGOs.