Dáil Éireann Debate, Wednesday - 23 May 2018
40. Deputy Mick Wallace asked the Minister for Justice and Equality if he will consider re-evaluating the restrictions in place on the right to work of asylum seekers with regard to specific occupations in view of a Supreme Court decision; and if he will make a statement on the matter. [22698/18]
Amharc ar fhreagraThe Government responded to the Supreme Court judgment by deciding to opt in to the EU (recast) Reception Conditions Directive which will result in a wide range of reforms in the protection system. This opt-in will allow for an effective labour market access for protection applicants who have not received a first instance decision over a designated period of time. I am confident that this decision to opt into the Directive is a very positive development for the entire protection system and for applicants and their families while they await a final decision on their application. In addition to labour market access, the Directive also includes important provisions in relation to children’s rights, health, education and material reception conditions for applicants, which includes housing, food, clothing and a daily expenses allowance.
The Government initiated the opt-in process with the EU Commission which is on target to be completed in June. Because this process takes some time, interim measures needed to be put in place. Accordingly, Government decided that international protection applicants, as a category of non-EEA nationals, should come under the terms of the Employment Permits Act 2003 (as amended) which is the existing law governing the employment of all third country nationals. Under that Act, persons can apply for an employment permit in certain sectors defined by the Department of Business, Enterprise and Innovation. In addition, I utilised my own powers to introduce a complementary self-employment scheme for eligible applicants (those in the system for over nine months without a first instance recommendation) – Ireland is one of very few European countries allowing such access. This also ensured that a structure was available to vindicate the applicants’ right to labour market access on the day the prohibition was struck down. The total number of Self Employment applications received to date is 629, of which 430 have been granted.
I would stress that this interim scheme will be of very short duration until the opt-in process into the EU Directive is completed. The process of compliance is on course to be completed within the planned timeframe. Once this happens, access to the labour market will be underpinned by EU law and I will have the opportunity as Minister for Justice and Equality to bring to Government a new scheme granting effective access to the labour market for qualified applicants. I expect that this permanent scheme will provide for a broader access to the labour market than the current work permits regime allows for all third country national migrants. The details of this new scheme are well advanced and will be announced and commenced in the coming weeks in line with the commitments made previously.
I am confident that this progressive approach by Government, which for the first time will see additional elements of our protection process subject to EU law and verification by the EU Commission, will be a further major effective and reforming step as we seek to improve the standards of our reception conditions and efficient determination of protection applications.
