Employment Permits Act 2006

• (i) is specified in regulations under section 14, in respect of the purpose referred to in subsection (1), as an employment for which an employment permit may be granted, or

• (ii) is not an employment that is specified in such regulations as an employment for which an employment permit shall not be granted or falls within a category of employment for which an employment permit shall not be granted.

• (4) Where—

• (a) at the time an application referred to in subsection (3) is made the type of employment referred to in subsection (3)(a) is specified in regulations under section 14 as an employment, or falls within a category of employment, in respect of which an employment permit shall not be granted, and

• (b) the Minister is satisfied that the dismissal by the employer of the foreign national from the employment in respect of which the employment permit referred to in subsection (1) was granted was a dismissal by reason of redundancy,

the application may be made in respect of that employment by a foreign national to whom this section applies notwithstanding that the employment is an employment, or falls within a category of employment, that is specified in regulations under section 14 as an employment, or category of employment, for which an employment permit shall not be granted.

• (5) Notwithstanding section 12(3), the Minister may, subject to subsection (6), grant, under section 8, an employment permit for an employment referred to in subsection (4) pursuant to an application referred to in subsection (4) that is made within the period referred to in subsection (3) and for the avoidance of doubt—

• (a) section 12(3) shall apply to any other provision or requirement specified in regulations under section 14, that is required to be satisfied, and

• (b) section 14 shall, in respect of such grant under section 8, apply in respect of any other provision or requirement specified in regulations under section 14 that is required to be satisfied.

• (6) Without prejudice to subsection (3) or (4), where an application referred to in subsection (3) or (4) is made by a foreign national who has made a notification to the Minister under this section, the Minister shall not grant the employment permit concerned unless the Minister is satisfied that the foreign national was dismissed by reason of redundancy from the employment in respect of which the employment permit referred to in subsection (1) was granted.

• (7) Having regard to the consideration, under section 11, of an application referred to in subsection (4) —

• (a) the provisions of any regulations referred to in section 11(3), other than the provisions of such regulations referred to in subsection (4), shall continue to apply in relation to the application concerned, and

• (b) section 11(4) shall apply in respect of a provision or requirement of regulations under section 14, other than the provision referred to in subsection (4).

• (8) Nothing in this section shall be construed as providing a permission to be in the State for the period of 6 months referred to in subsection (3).

• (9) Without prejudice to section 20C, a foreign national who makes an application referred to in subsection (3) or (4) shall provide the Minister with any information or documents that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy.]

20C. F58[Information and documents to be provided with notification under section 20A or 20B of dismissal by reason of redundancy (Act Repealed)

20C.—The information and documents to be provided to the Minister with the notification referred to in section 20A(2) and 20B(2) are—

• (a) the date of dismissal,

• (b) the reason for the dismissal by reason of redundancy as specified in paragraph (a), (b), (c), (d) or (e) of section 7(2) of the Act of 1967 or in section 21 of that Act,

• (c) such information and documents as may be specified in regulations under section 29 that the Minister may require to satisfy himself or herself that the dismissal of the foreign national was a dismissal by reason of redundancy, and

• (d) a statement specifying whether the foreign national has surrendered the employment permit in accordance with section 24.]

20D. F59[Sections 20A and 20B: supplemental provisions (Act Repealed)

20D.—Where—

• (a) an employment permit is in force immediately before the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014,

• (b) following the coming into operation of those sections, a foreign national to whom such permit was granted is dismissed by reason of redundancy from the employment in respect of which the employment permit was granted, and

• (c) the Minister is satisfied that—

• (i) the dismissal is a dismissal by reason of redundancy, and

• (ii) having regard to the employment in respect of which the employment permit referred to in paragraph (a) has been granted, that employment permit would, had it been granted after the coming into operation of section 7 and section 24 of the Employment Permits (Amendment) Act 2014, have been granted in respect of the purpose referred to in section 3A(2)(a) or 3A(2)(c),

the foreign national to whom the employment permit referred to in paragraph (a) was granted may be treated, for the purposes of section 20A or as the case may be section 20B, as a foreign national to whom section 20A or, as the case may be, section 20B applies.]

21. Effect of order under section 3 or 4 of Immigration Act 1999. (Act Repealed)

21.—(1) If an order under section 3 or 4 of the Immigration Act 1999 is made in relation to a foreign national in respect of whom an employment permit has been granted, the permit shall, subject to subsection (2), cease to be in force.

• (2) If the order concerned under section 3 or 4 of the Immigration Act 1999 is revoked or otherwise ceases to be in force, the employment permit referred to in subsection (1) shall, on that revocation or cesser, be revived in force.

• (3) If an employment permit is so revived in force, in determining the period for which the permit shall remain in force the period for which the permit ceased to be in force by virtue of subsection (1) shall be disregarded.

22. Authorised officers. (Act Repealed)

22.— (1) The Minister may appoint in writing such and so many of his or her officers to be authorised officers for the purposes of all or any of the provisions of this Act or the Act of 2003 and such appointment may be specified to be for a fixed period.

• (2) Every authorised officer appointed under this section shall be furnished with a warrant of appointment and shall, when exercising any power conferred on him or her by this section, if requested by a person affected, produce the warrant of appointment or a copy of it to that person.

• (3) An appointment under this section as an authorised officer shall cease—

• (a) if the Minister revokes the appointment,

• (b) if the appointment is for a fixed period, on the expiry of that period, or

• (c) if the person appointed ceases to be an officer of the Minister.

• (4) An authorised officer may, for the purpose of obtaining any information which may be required in relation to a matter under investigation under this Act or the Act of 2003—

• (a) at all reasonable times enter any premises, place or vehicle, on, at or in which there are grounds to believe that any trade or business or any activity in connection with a trade or business is being, or has been, carried on, or that records relating to such trade, business or activity are kept, and search and inspect the premises, place or vehicle and any records that are on, at or in such premises, place or vehicle,

• (b) secure for later inspection any, or any part of any, premises or place or any vehicle on, at or in which such records are kept or there are reasonable grounds for believing that such records are kept,

• (c) require any person who carries on such trade, business or activity or any person employed in respect of such trade, business or activity to produce to him or her such records and where such records are kept in a non-legible form to reproduce them in a legible form or to give to him or her any information as the authorised officer may reasonably require in relation to any entries in such records,

• (d) inspect and take copies of or extracts from any such records, files, papers or electronic information system on, at or in the premises, place or vehicle, including, in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form,

• (e) remove and retain such records for such periods as may be reasonable for future examination, subject to a warrant being issued for that purpose by the District Court,

• (f) require any such person to give to the authorised officer any information which the authorised officer may reasonably require in respect of such trade, business or activity or in respect of the persons carrying on such trade, business or activity or employed in connection with such trade, business or activity,

• (g) require any such person to give to the authorised officer any other information which the authorised officer may reasonably require in respect of such trade, business or activity,

• (h) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,

• (i) summon, at any reasonable time, any other person employed in connection with such trade, business or activity to give to the authorised officer any information which the authorised officer may reasonably require in relation to such trade, business or activity and to produce to the authorised officer any records which are in the control of that other person,

• (j) have photographs taken of any thing on, at or in the premises, place or vehicle and remove the photographs from the place, and

• (k) inspect any vehicle relating to such trade, business or activity.

• (5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (8) authorising such entry.

• (6) Where an authorised officer, in the exercise of his or her powers under this section, is prevented from entering any premises, place or vehicle, an application may be made for a warrant under subsection (8) authorising such entry.

• (7) An authorised officer appointed under this section, when exercising any powers conferred on an authorised officer by this Act, may be accompanied by such other authorised officers or members of the Garda Síochána or both as he or she considers necessary.

• (8) Without prejudice to the powers conferred on an authorised officer by or under any provision of this section, if a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on or at any, or any part of any, premises or place or in any vehicle, the judge may issue a warrant authorising an authorised officer, accompanied by such other authorised officers and members of the Garda Síochána as provided for in subsection (7), at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter the premises, place or vehicle, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.

• (9) A person shall comply with any request or requirement of an authorised officer under this Act.

• (10) A person who—

• (a) obstructs or impedes an authorised officer in the exercise of a power under this section,

• (b) without reasonable excuse, does not comply with a requirement under this section, or

• (c) in purported compliance with such a requirement gives information that is false or misleading in a material respect,

is guilty of an offence.

23. Prohibition on deduction from remuneration and retention of personal documents. (Act Repealed)

23.—(1) The employer shall not make any deductions from the remuneration of, or seek to recover from, the holder of the employment permit concerned any charge, fee or expense arising out of or concerning one or more of the following:

• (a) the application for the employment permit or a renewal of the permit under section 20 or any matter relating to or concerning such an application or the grant or renewal of the permit;

• (b) the recruitment of the holder for the employment in respect of which the application was made; or

• (c) any amount previously paid to the holder in respect of travelling expenses incurred by the holder in connection with taking up the employment in the State.

• (2) F60[…]

• (3) Neither a person referred to in subsection (1) F60[…] nor a person acting on his or her behalf shall keep any personal document belonging to a holder referred to in that subsection.

• F61[(3A) A connected person shall not seek to recover from the holder of the employment permit any charge, fee or expense arising out of the application for the employment permit or the renewal of the permit under section 20 or any matter relating to or concerning such an application or the grant or renewal of the permit.]

• (4) A person who contravenes subsection (1), F62[(3) or (3A)] is guilty of an offence.

• (5) In this section “personal document” includes a passport, a driving licence, an identity card, a document relating to any account held with a financial institution, a document relating to the skills, qualifications or experience of the foreign national and travel documents.

24. Surrender of employment permit. (Act Repealed)

24.—(1) If the employment of a foreign national pursuant to an employment permit F63[…] is terminated by the employer or the holder of the permit or otherwise, for whatever reason, ceases, there shall be surrendered to the Minister, within 4 weeks from the date of termination or cessation—

• (a) by the holder — the original of the permit, and

• (b) by the employer — the copy of the permit.

• F64[(1A) In the case of an employment permit granted for the purpose referred to in section 3A(2)(d), if—

• (a) the employment of the foreign national is terminated by the foreign employer or the holder of the permit, or

• (b) the foreign national ceases, for whatever reason, to carry out duties for, or participate in a training programme provided by, the connected person,

there shall be surrendered to the Minister within 4 weeks from the date of termination or cessation—

• (i) by the holder — the original of the permit, and

• (ii) by the connected person — the copy of the permit.]

• (2) A person who fails to comply with subsection (1) F64[or (1A)] is guilty of an offence.

• (3) It shall be a defence for a person charged with an offence under subsection (2) to show that he or she took all reasonable steps to surrender the original or, as the case may be, copy of the employment permit concerned to the Minister within 4 weeks from the date of cessation or termination of the employment concerned.

25. Provision of false or misleading information in relation to application under section 4 or 20 . (Act Repealed)

25.—A person who furnishes to the Minister, on an application under section 4 or 20, information that is false or misleading in a material respect knowing that it is so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.

26. Prohibition on penalisation. (Act Repealed)

26.—(1) In this section “penalisation” includes any act or omission by an employer or a person acting on behalf of an employer that affects, to his or her detriment, an employee with respect to any term or condition of his or her employment.

• (2) Without prejudice to the generality of subsection (1), “penalisation” in this section includes—

• (a) suspension, lay-off or dismissal (including a dismissal within the meaning of the Unfair Dismissals Acts 1977 to 2005), or the threat of suspension, lay-off or dismissal,

• (b) demotion or loss of opportunity for promotion,

• (c) transfer of duties, change of location of place of work, reduction in wages or change in working hours,

• (d) imposition or the administering of any discipline, reprimand or other penalty (including a financial penalty), and

• (e) coercion or intimidation.

• (3) An employer shall not penalise or threaten penalisation against an employee for—

• (a) making a complaint to a member of the Garda Síochána or the Minister that a provision of the Act of 2003 or this Act is not being complied with,

• (b) giving evidence in any proceedings under the Act of 2003 or this Act, or

• (c) giving notice of his or her intention to do any of the things referred to in the preceding paragraphs.

• F65[(3A) Subsection (3) does not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.]

• (4) Schedule 2 has effect in relation to an alleged contravention of subsection (3) and matters consequential thereon and includes amendments of other enactments.

• (5) If a penalisation of an employee, in contravention of subsection (3), constitutes a dismissal of the employee within the meaning of the Unfair Dismissals Acts 1977 to 2005, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.

27. Retention of records. (Act Repealed)

27.—(1) The employer shall keep, in relation to the foreign national to whom an employment permit has been granted F66[…], a record of the employment concerned, the duration of the employment and particulars of the permit and that record shall be kept for the period specified in subsection (5).

• (2) F66[…]

• (3) The employer F66[…] shall—

• (a) keep and have available for inspection by an authorised officer exercising his or her powers under this Act such books and records, including accounts, as may be prescribed concerning the employment of the foreign national to whom the employment permit concerned has been granted at the premises or place of business of that person in or at which the employment is carried out in the State, and

• (b) furnish, when requested by the Minister to do so, information to the Minister concerning the books and records referred to in paragraph (a).

• (4) The records that may be prescribed for the purposes of subsection (3)(a) include—

• (a) records concerning the remuneration paid during a specified period to the relevant foreign national,

• (b) records concerning the trade or business to which the employment referred to in that subsection relates, and

• (c) if F67[one or more foreign nationals are] employed by the employer concerned pursuant to F67[an employment permit], records of the number for the time being, if any, of those foreign nationals who are nationals of—

• (i) a Member State of the EEA, or

• (ii) a state other than a Member State of the European Union or a Member State of the EEA.

• (5) The period referred to in subsection (1) F66[…] is—

• (a) subject to paragraph (b), 5 years, or

• (b) if the relevant foreign national remains in the employment of the employer F66[…] for a period exceeding 5 years from the date of the grant of the permit, a period equal to the duration of the period for which the foreign national remains in such employment.

• F68[(5A) A connected person shall keep, in relation to the foreign national to whom an employment permit for the purpose referred to in section 3A(2)(d) has been granted, a record of the employment concerned, a record of the duties carried out by the foreign national or the training programme concerned, the duration of the employment and particulars of the permit and that record shall be kept for the period specified in subsection (5).

• (5B) Where the connected person makes, pursuant to section 3D(1)(b), the payment for board and accommodation, or either of them, or health insurance, the connected person shall—

• (a) keep and have available for inspection by an authorised officer exercising his or her powers under this Act the records, specified in subsection (5C) in respect of the foreign national to whom the employment permit referred to in subsection (5A) has been granted at the premises or place of business of that connected person in or at which the duties or training programme is carried out in the State, and

• (b) furnish, when requested by the Minister to do so, information to the Minister concerning the records referred to in paragraph (a).

• (5C) The records referred to in subsection (5B) are—

• (a) records relating to the payment for—

• (i) board and accommodation, or either of them, and

• (ii) health insurance,

and

• (b) if one or more foreign nationals are, pursuant to an employment permit granted for the purpose referred to in section 3A(2)(d), carrying out duties for, or participating in a training programme provided by, the connected person, records of the number for the time being, if any, of those foreign nationals who are nationals of a Member State referred to in subsection (4)(c)(i) or a state referred to in subsection (4)(c)(ii).]

• (6) A person who fails to comply with subsection (1) F67[, (3), (5A) or (5B)] is guilty of an offence.

28. Register of employment permits. (Act Repealed)

28.—The Minister shall establish and maintain a register of employment permits granted under this Act and shall cause to be entered in such register—

• F69[(a) the name of—

• (i) the foreign national in respect of whom the employment permit has been granted, and

• (ii) the employer or—

• (I) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(d), the connected person and the foreign employer, or

• (II) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), the contractor and the relevant person,]

• (b) the employment or economic sector in respect of which each employment permit has been granted,

• F69[(c) the address of—

• (i) the foreign national, as specified in the application for the employment permit, in respect of whom the employment permit has been granted,

• (ii) the employer or—

• (I) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(d), the connected person and the foreign employer, or

• (II) in the case of an employment permit granted in respect of the purpose referred to in section 3A(2)(e), the contractor and the relevant person,

and

• (iii) the place at which the employment is to be carried out and where such employment is to be carried out at more than one place, the address of each such place.]

• (d) the duration of each employment permit and its commencement and expiry dates,

• (e) in the case of a renewal of an employment permit under section 20, the fact of its renewal, the period for which it has been renewed and the commencement and expiry dates of that period,

• (f) in the case of a revocation of an employment permit under section 16, the fact of its being revoked, the date and reason for its revocation and, if a review under section 17 occurs, the fact of the decision being reviewed and the outcome of the review, and

• (g) if the employment permit is surrendered, the date and reason for such surrender.

29. Regulations. (Act Repealed)

29.—(1) The Minister shall make regulations providing for the procedure relating to the making of an application for an employment permit under section 4 or the renewal of an employment permit under section 20 and the grant or renewal of an employment permit on foot of such an application F70[and may, when making the regulations, make provision for the purposes specified in paragraphs (a) to (i) of section 3A(2) for which employment permits may be granted and the different classes of employment permit provided for in regulations under section 14(1) in respect of those purposes].

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision for all or any of the following:

• (a) the form in which an application for an employment permit shall be made and the form of an employment permit;

• (b) the form in which an application for the renewal of an employment permit shall be made and the form of an employment permit as renewed;

• F70[(ba) the production to the Minister, with an application under section 4, of information and documents—

• (i) as the Minister may, without prejudice to the requirement under section 6(a), specify, in respect of the employment concerned and the terms, conditions and the duration of it,

• (ii) as the Minister may, without prejudice to the requirement under section 6(c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made,

• (iii) as the Minister may, without prejudice to the requirement under section 6(e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it,

• (iv) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning—

• (I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice and Equality to land in the State or to be in the State, and

• (II) any application, made before the date on which the application under section 4 is made, to the Minister for Justice and Equality for which the foreign national has sought permission to land in the State or to be in the State,

• (v) as the Minister may, without prejudice to the requirement under section 6(f), specify, concerning the employment in the State of the foreign national in respect of whom the application is made, at the time of the application or at any other time,

• (vi) as the Minister may specify concerning the identity of the foreign national in respect of whom the application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh),

• (vii) as the Minister may, without prejudice to the requirement under section 6(i), specify, in respect of the requirement under section 4(5) in relation to—

• (I) the employment of any person employed in the employment that is the subject of the application in the period referred to in section 4(5), and

• (II) the dismissal by reason of redundancy within that period of any person employed in the employment that is the subject of the application,

and

• (viii) as the Minister may specify in respect of—

• (I) without prejudice to subsection (1), the making of an application under section 4,

• (II) without prejudice to the requirement under section 6, any matter specified in paragraphs (a) to (i) of section 6,

• (III) the requirement under section 10 for the employees referred to in that section to be nationals of the states referred to in that section and the matters specified in section 10(2B),

• (IV) without prejudice to the generality of subsection (1), a purpose specified in section 3A(2), and

• (V) any other requirement under this Act that, in respect of the grant of an employment permit, is required to be satisfied;

• (bb) the production to the Minister, with an application under section 20 to renew an employment permit, of information and documents—

• (i) as the Minister may specify, in respect of the employment that is the subject of such application and the terms and conditions of that employment,

• (ii) as the Minister may specify, in respect of the qualifications, skills and knowledge, of the foreign national in respect of whom the application is made,

• (iii) as the Minister may specify, in respect of—

• (I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and

• (II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made,

• (iv) as the Minister may specify that have been issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made,

• (v) as the Minister may specify concerning the permission given by the Minister for Justice and Equality to the foreign national in respect of whom such application is made to land in the State or to be in the State during the period for which the employment permit has been in force,

• (vi) as the Minister may specify concerning the identity of the foreign national in respect of whom such application is made and without prejudice to the generality of the foregoing may include the production to the Minister of a copy of the passport of that foreign national and in respect of which the expiry date of that passport is not less than a period as the Minister may specify under paragraph (bh), and

• (vii) as the Minister may specify in respect of—

• (I) without prejudice to the generality of subsection (1), the making of an application to renew an employment permit under section 20,

• (II) without prejudice to the generality of subsection (1), the requirements under section 10, referred to in paragraph (ba)(viii)(III), in relation to an application for the renewal of an employment permit,

• (III) without prejudice to the generality of subsection (1), a purpose referred to in section 3A(2), and

• (IV) any other requirement under this Act that, in respect of the renewal of an employment permit, is required to be satisfied;

• (bc) the production to the Minister, with an application under section 4, of documents and evidence to verify such documents—

• (i) demonstrating that the person who makes the offer of employment or as the case may be the contractor, connected person or the person referred to in section 4(2)(c), is registered with the Revenue Commissioners,

• (ii) where the person who makes the offer of employment is a company within the meaning of the Companies Acts, relating to the registration of the company pursuant to the Companies Acts,

• (iii) relating to the registration of the business name, pursuant to the Act of 1963, of the person who makes the offer of employment where that person has a registered business name, and

• (iv) where the person who makes the offer of employment is—

• (I) a limited partnership under the Limited Partnerships Act 1907, documents and such evidence relating to the registration of the limited partnership under that Act,

• (II) an industrial and provident society, documents and such evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 1978,

• (III) a friendly society, documents and such evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 1977, and

• (IV) a trade union, documents and such evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990;

• (bd) the production to the Minister with an application for a renewal of an employment permit under section 20 of documents and evidence referred to in paragraph (bc);

• (be) without prejudice to paragraph (ba), in the case of an application for an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 4, of information and documents as the Minister may specify in respect of—

• (i) the remuneration paid to the foreign national concerned,

• (ii) the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration,

• (iii) the translations of any information or document relating to such remuneration,

• (iv) the payment to the foreign national of the additional payment referred to in sections 3D(2), 3D(3), 3E(2) and 3E(3), and

• (v) the arrangements for making the additional payment referred to in subparagraph (iv),

and, without prejudice to paragraph (a), the Minister may specify the form in which such information is to be provided to the Minister;

• (bf) without prejudice to paragraph (bb), in the case of an application for the renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), the production to the Minister, with an application under section 20, of—

• (i) information and documents as the Minister may specify in respect of—

• (I) the remuneration that is proposed to be paid to the foreign national on and after such renewal and deductions to be made from such remuneration, and

• (II) the remuneration paid to the foreign national in respect of whom such application is made, for all or part of the period commencing on the date on which the employment permit was granted and ending on the date on which such application was made,

• (ii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration paid to, and tax paid in respect of such remuneration by, the foreign national in respect of whom such application is made,

• (iii) documents, as the Minister may specify, issued by the Revenue Commissioners in relation to the remuneration and tax paid by the connected person, the foreign employer, and contractor,

• (iv) information and documents as the Minister may specify in respect of the currencies and exchange rate to be used in the description of the amount of such remuneration and in any computation and statement of remuneration, and

• (v) information and documents as the Minister may specify in respect of the translations of any information or document relating to such remuneration,

and without prejudice to paragraph (b), the form in which such information is to be provided to the Minister;

• (bg) the form of the notification referred to in sections 20A and 20B and the information and documents the Minister may require to satisfy himself or herself—

• (i) that, for the purposes of sections 20A and 20B, the dismissal by an employer of a foreign national referred to in section 20A or 20B is a dismissal by reason of redundancy, and

• (ii) the date on which the redundancy takes effect;

• (bh) the specification of the minimum period for which a passport referred to in paragraphs (ba) and (bb) shall be in force on the date of an application for the grant, or renewal, of an employment permit;]

• (c) the period within which any information or documents, including additional information or documents requested by the Minister relating to the grant or renewal of an employment permit, shall be furnished to the Minister; and

• (d) the production to the Minister, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or documents previously furnished to the Minister in respect of an application for the grant or renewal of an employment permit.

• F70[(2A) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal of an employment permit, to the Minister of—

• (a) in the case of an application for the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(e), information and documents in respect of the contract service agreement concerned,

• (b) in the case of an application for the grant or renewal of an employment permit for the purposes referred to in paragraphs (d) and (e) of section 3A(2), information and documents relating to—

• (i) the business carried on by a connected person and a foreign employer and the connection between the connected person and the foreign employer, and

• (ii) the arrangements made by a connected person, foreign employer and a contractor for accommodation, board and health insurance referred to in section 1A(1)(b)(iii) provided for the foreign nationals,

and

• (c) evidence as the Minister may reasonably require in order to verify such information or documents.

• (2B) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, in respect of the grant or renewal of an employment permit for the purpose referred to in section 3A(2)(b), of information, documents and evidence to verify such information, with—

• (a) an application under section 4 for the grant of an employment permit, or

• (b) an application under section 20 for the grant of a renewal of an employment permit,

that the Minister may reasonably require in order to satisfy himself or herself that the foreign national in respect of whom the application is made is the spouse or the civil partner, or a dependant, of a primary permit holder and satisfies the requirements of section 3C(2) or is the spouse or the civil partner, or a dependant, of a research project researcher and satisfies the requirements of section 3C(3) and in so providing may include information, documents and evidence referred to in paragraphs (a) to (j) of subsection (2C).

• (2C) The information, documents and evidence referred to in subsection (2B) that may be included in regulations under this section are information, documents and evidence verifying such information and documents in respect of—

• (a) the marital status of a foreign national in respect of whom an application for an employment permit for the purpose referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of marriage certificates and other documents providing evidence of such marital status,

• (b) the civil partnership status of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of the civil partnership registration,

• (c) the legal relationship, in the case of a civil partner who is a party to a legal relationship referred to in section 3(b) of the Act of 2010, of a foreign national in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made and the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of documents relating to such legal relationship,

• (d) the nature of the dependence of a foreign national, in respect of whom an application for an employment permit referred to in section 3A(2)(b) is made, on the primary permit holder or, as the case may be, th e research project researcher concerned, which may include copies of birth certificates or other documents providing evidence of the nature of such dependence,

• (e) the identity of the primary permit holder and the grant to him or her of the employment permit for the purpose referred to in section 3A(2)(a),

• (f) the identity of the research project researcher,

• (g) the permission—

• (i) given to a primary permit holder referred to in section 3C(2)(a) to be in the State and be in employment in the State,

• (ii) referred to in section 2(10)(d) of the Act of 2003 given to a primary permit holder referred to in section 3C(2)(b), and

• (iii) given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State,

• (h) in the case of a research project researcher referred to in section 3C(3)(b), the permission referred to in section 2(10)(d) of the Act of 2003 given to him or her and the permission given to the foreign national in respect of whom the application for an employment permit for the purpose referred to in section 3A(2)(b) is made, to land in the State and reside in the State,

• (i) the verification, by the employer of the primary permit holder, that the primary permit holder is in employment with the employer, and

• (j) the verification—

• (i) that the research project researcher is carrying out research in the State pursuant to Directive 2005/71/EC by the person in the State with whom that research is being carried out, and

• (ii) by the employer of a research project researcher referred to in section 3C(3)(b), of the employment of the research project researcher.

• (2D) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production to the Minister, with an application under section 4, of information, documents and evidence to verify such information and documents as the Minister may require to satisfy himself or herself—

• (a) that the exchange agreement applies to the foreign national in respect of an application for the grant of an employment permit for the purpose referred to in section 3A(2)(g), and

• (b) that, in respect of the purpose referred to in section 3A(2)(i) —

• (i) the third level institution outside the State confirms—

• (I) that the foreign national is enrolled as a full-time student at that institution and the name and description of the course of study in which the foreign national is enrolled,

• (II) the qualifications or skills with which the course of study is wholly or substantially concerned,

• (III) that the employment in respect of which the application is made is wholly or substantially concerned with the course of study on which the foreign national is enrolled,

• (IV) the requirement referred to in section 3A(2)(i)(iii), and

• (V) that the foreign national is required to return to that institution at the end of the 12 month period in order to complete that course of study,

and

• (ii) the person who has made the offer of employment concerned confirms that—

• (I) the employment is for a period not exceeding 12 months, and

• (II) the employment is wholly or substantially concerned with the skills or qualifications referred to in section 3A(2)(i).

• (2E) The Minister may, in respect of the notification referred to in section 8(8), make regulations under this section specifying—

• (a) the information and documents to be provided to the Minister that relate to the transfer, and the change of name, that arises pursuant to such transfer, of—

• (i) the employer or connected person specified in an employment permit referred to in that section, or

• (ii) the relevant person,

• (b) the form in which the notification under section 8(8) is to be made, and

• (c) the procedure for the making of that notification.

• (2F) Without prejudice to subsections (1) and (2), in regulations under this section the Minister may provide for the production to the Minister, with an application for the grant or renewal of an employment permit, of information, documents and evidence to verify such information and documents concerning—

• (a) compliance by a person who makes an offer of employment with an enactment, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business,

• (b) compliance by a contractor, relevant person or connected person with an enactment, as the Minister may specify in the regulations, with which compliance is required by such contractor, relevant person or connected person in order to carry on his or her business,

• (c) compliance by a person who makes an offer of employment with a requirement, as the Minister may specify in the regulations, with which compliance is required by such person in order to carry on his or her business, and

• (d) without prejudice to paragraphs (a) and (b), compliance by a person who made the offer of employment, a contractor or connected person with the Act of 1997 that is in addition to the documents and evidence that may be specified in regulations under subsections (2)(bc)(i) and (2)(bd),

and the Minister may make different provision for different cases and different classes of cases and different circumstances and different classes of circumstances.

• (2G) In regulations under this section the Minister may provide for the procedure for the payment of any fee that is to accompany an application for the grant or renewal of an employment permit.]

• (3) The Minister may make regulations providing for the procedures in relation to the submission of a decision for review under section 13 or 17 and the carrying out of such a review and, without prejudice to the generality of the foregoing, such regulations may make provision for all or any of the following:

• (a) the form in which such a submission is to be made;

• (b) the furnishing of specified information to the person carrying out the review for the purposes of the review;

• (c) the furnishing of such additional information as that person thinks appropriate for the purposes of the review;

• (d) the period within which any such information, including any additional such information requested by that person, shall be furnished; and

• (e) the production to that person, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or particulars previously furnished to him or her for the purposes of the review.

• (4) Regulations under this section may make provision for the making of an application under section 4 or 20 by electronic means (within the meaning of the Electronic Commerce Act 2000).

30. Further provisions in relation to regulations. (Act Repealed)

30.—(1) The Minister may make regulations in relation to any matter referred to in this Act as prescribed or to be prescribed.

• F71[(2) Different regulations under subsection (1) may be made in respect of different classes of matter the subject of the prescribing concerned and for different circumstances or classes of circumstances in relation to such different matters or different classes of matters.]

• (3) Regulations under this Act may contain such incidental, supplementary, consequential and transitional provisions as the Minister considers necessary for the purposes or in consequence of, or to give full effect to, such regulations.

• (4) Every regulation made under this Act F72[…] shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

• (5) F72[…]

31. Service of notices. (Act Repealed)

31.—(1) A notice or document that is required to be served, issued or given under this Act shall be addressed to the person concerned by name and may be served on or issued or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address;

• (c) by sending it by F73[ordinary prepaid post] to the address at which that person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or

• (d) by such other means as may be prescribed.

• (2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

32. Penalties and proceedings. (Act Repealed)

32.—(1) A person guilty of an offence under section 18(2), 19(3), 23(4) or 25 is liable—

• (a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (2) A person guilty of an offence under section 22(10), 24(2) or 27(6) is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

• (3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under the Act of 2003 or this Act may be brought within 24 months from the date of the offence.

• (4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Minister.

33. Offences by body corporate. (Act Repealed)

33.—(1) Where an offence under this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

34. Presumption that a person is being employed. (Act Repealed)

34.—In proceedings for an offence under section 2(3) of the Act of 2003, where evidence is given by—

• (a) a member of the Garda Síochána,

• (b) an immigration officer (within the meaning of the Immigration Act 2004), or

• (c) an authorised officer under section 22,

that he or she observed a person doing an act in a particular place, being an act the doing of which, in the circumstances concerned, is consistent with that person’s having been employed to do that act in that place, then it shall be presumed, until the contrary is shown, that that person was employed to do that act in that place.

35. Evidence through television link. (Act Repealed)

35.—(1) In any proceedings for an offence under this Act or the Act of 2003, a person, other than the accused, may, with the leave of the court, give evidence through a live television link if the person is outside the State.

• (2) F74[…]

• (3) In any proceedings referred to in subsection (1) in any circuit or district court district where the court is satisfied that leave should be granted for evidence to be given through a live television link pursuant to that subsection but the necessary facilities for doing so are not available in that circuit or district, the court may by order transfer the proceedings to a circuit or district court district where such facilities are available and, where such an order is made, the jurisdiction of the court to which the proceedings have been transferred may be exercised—

• (a) in the case of the Circuit Court, by the judge of the circuit concerned, and

• (b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.

• (4) A person who, in giving evidence under subsection (1) from outside the State, makes a statement material in the proceedings which the person knows to be false or does not believe to be true shall be guilty of perjury.

• (5) Proceedings for an offence referred to in subsection (4) may be taken, and the offence may, for the purposes of the jurisdiction of the court, be treated as having been committed, in any place in the State.

• (6) This section is without prejudice to any other enactment providing for the giving of evidence through a live television link.

36. Delegation of functions. (Act Repealed)

36.—(1) The Minister may, with the consent of the Minister of the Government concerned, delegate the performance of functions under any or all of sections 6 to 13, 16, 17 and 20 in a specified class of cases to an officer, of a specified class, of another Minister of the Government.

• (2) Functions so delegated shall be performable by such an officer accordingly.

• (3) If such a delegation is made of functions under section 13 or 17, the reference in that section to an officer of the Minister appointed by the Minister for the purpose of carrying out the review shall, in relation to any performance of the function the subject of the delegation, be construed as a reference to the officer of the Minister of the Government concerned appointed by the Minister for Enterprise, Trade and Employment for the purpose of carrying out the review.

• (4) Subsection (1) shall not be construed as affecting the application to this Act of the general law concerning the imputing of acts of an officer of a Minister of the Government to the Minister of the Government.

• (5) In this section “specified” means specified in the delegation concerned.

37. Data exchange in respect of certain matters. (Act Repealed)

37.—(1) Information held by the Minister for the purposes of this Act or the Act of 2003 may be supplied by the Minister to each of the following, namely:

• (a) the Minister for Social and Family Affairs;

• F75[(aa) the Garda Síochána;]

• (b) the Minister for Justice, Equality and Law Reform; and

• (c) the Revenue Commissioners,

if such supply is reasonably necessary for the purpose of the performance by the Minister of the Government referred to in paragraph (a) or (b) or, as the case may be, the Revenue Commissioners F75[or the Garda Síochána] of functions under any enactment.

• (2) Information held by—

• (a) the Minister for Social and Family Affairs,

• F75[(aa) the Garda Síochána,]

• (b) the Minister for Justice, Equality and Law Reform, or

• (c) the Revenue Commissioners,

may, notwithstanding any other enactment, be supplied by that Minister of the Government or, as the case may be, the Revenue Commissioners F75[or the Garda Síochána] to the Minister if such supply is reasonably necessary for the purpose of the performance by the Minister of functions under this Act or the Act of 2003.

38. Transitional provision. (Act Repealed)

38.—(1) An employment permit granted by the Minister under a scheme administered by the Minister before the commencement of this section and which permit is in force immediately before such commencement shall, subject to subsection (2), continue in force for the period for which it was granted or renewed or, as appropriate, last renewed under that scheme.

• (2) An employment permit continued in force by subsection (1) shall, for the purposes of this Act and the Act of 2003, be regarded as an employment permit granted under this Act and may be revoked and may be renewed accordingly.

39. Amendment of section 1(1) of Act of 2003. (Act Repealed)

39.—Section 1(1) of the Act of 2003 is amended—

• (a) by inserting the following definition after the definition of “employer”:

“ ‘foreign national’ means a non-national (within the meaning of the Immigration Act 1999);”,

and

• (b) by deleting the definition of “non-national”.

40. Expenses. (Act Repealed)

40.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

41. Short title, collective citation, construction and commencement. (Act Repealed)

41.—(1) This Act may be cited as the Employment Permits Act 2006.

• (2) The Employment Permits Act 2003 and this Act may be cited together as the Employment Permits Acts 2003 and 2006.

• (3) The Employment Permits Act 2003 and this Act shall be construed together as one.

• (4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE 1 (Act Repealed) Enactments offences under which fall within section 12 (1)(c)

Employment Agency Act 1971

Carers Leave Act 2001

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Minimum Wage Act 2000

Organisation of Working Time Act 1997

Payment of Wages Act 1991

Protection of Employees (Fixed-Term Work) Act 2003

Protection of Employees (Part-Time Work) Act 2001

F76[Protection of Employment Act 1977]

Protection of Young Persons (Employment) Act 1996

Safety, Health and Welfare at Work Act 2005

F77[Unfair Dismissals Acts 1977 to 2007]

SCHEDULE 2 (Act Repealed) Redress for Contravention of section 26 (3)

F78[1. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 26(3) shall do one or more of the following, namely—

• (a) declare that the complaint was or, as the case may be, was not well founded,

• (b) require the employer to take a specified course of action, or

• (c) require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances.]

F78[2. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015 on appeal from a decision of an adjudication officer referred to in paragraph 1 shall affirm, vary or set aside the decision of the adjudication officer.]

Provisions relating to winding up and bankruptcy.

• (2) There shall be included among the debts which, under section 81 of the Bankruptcy Act 1988 are, in the distribution of the property of a bankrupt or arranging debtor, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1(2)(b) or a determination under paragraph 2(1) by the bankrupt or arranging debtor, as the case may be, to an employee, and that Act shall have effect accordingly, and formal proof of the debts to which priority is given under this subparagraph shall not be required except in cases where it may otherwise be provided under that Act.

Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.

“ ‘the Act of 2006’ means the Employment Permits Act 2006;”.

• (2) Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 (as so amended) is amended—

• (a) in subsection (2)(a)—

• (i) in subparagraph (xxiv), after “of the Act of 1990,” by deleting “and”,

• (ii) in subparagraph (xxv), by substituting “Act of 2004, and” for “Act of 2004.”,

• (iii) by inserting after subparagraph (xxv) the following:

• “(xxvi) any amount which an employer is required to pay by virtue of a decision of a rights commissioner under paragraph 1(2)(b) of Schedule 2 to the Act of 2006 or a determination by the Labour Court under paragraph 2(1) of that Schedule.”,

• (b) in subsection (2)(b), by substituting “, (xxv) or (xxvi)” for “or (xxv)”,

• (c) in subsection (2)(c), by substituting “, (xxv) or (xxvi)” for “or (xxv)”, and

• (d) in subsection (9), in the definition of “relevant date”, by substituting “, (xxv) or (xxvi)” for “or (xxv)”.

Footnotes