Employment Permits Act 2024

Type Act

Publication 2024-06-25

State In force

Source Irish Statute Book

articles 78

(15) The Minister may, having regard to section 9 and the matters specified in section 49, make regulations providing that no permits shall be renewed in respect of any class of employment permit referred to in section 9(2) for a period as the Minister shall specify in the regulations.

(16) Where the Minister has made regulations under this section, he or she shall from time to time carry out a review of the regulations having regard to the matters specified in section 49 and, without prejudice to the generality of the foregoing, the shortages and surpluses referred to in section 49(1)(d) in respect of the matters specified in the regulations pursuant to this section.

(17) Subject to subsection (18), in regulations under subsection (1), the Minister may, having regard to sections 9 and 48 and the matters specified in section 49, provide, in respect of each class of employment permit referred to in subsection (1), for—

(a) one or more of the matters specified in subsection (2) other than the matters specified in paragraphs (a), (c) and (d) of that subsection, and

(b) any matter specified in subsections (3) and (7) to (12),

in relation to the renewal, under section 36, of an employment permit and may, for each such class of employment permit in such regulations, make provision for such classes of employment permit in relation to any of the matters specified in paragraphs (a) and (b) in relation to such renewal that is different to the provision made by the Minister in relation to the grant of an employment permit under section 19 and may, in such regulations, make different provision for such classes of employment permit and such matters in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(18) The following modifications apply in respect of the regulations referred to in subsection (17):

(a) the substitution of references to an application for the renewal of an employment permit for references to an application for the grant of an employment permit;

(b) the substitution of references to a condition for the grant of the renewal of an employment permit for references to a condition for the grant of an employment permit;

(c) the substitution of references to the grant of the renewal of an employment permit for the grant of an employment permit.

(19) The Minister may, having regard to paragraphs (d) and (e) of section 9(2), section 48 and the matters specified in section 49, make regulations specifying—

(a) the minimum period of employment for which a foreign national referred to in section 9(2)(d) is employed with the foreign employer before an application for an employment permit may be made in respect of him or her, and

(b) the minimum period of employment for which a foreign national referred to in section 9(2)(e) is employed by the contractor or subcontractor concerned before an application for an employment permit may be made in respect of him or her.

(20) Where—

(a) the Minister is satisfied that, having regard to section 49(1)(d), there is a shortage of the skills referred to in section 49(1)(d), and

(b) those skills are required for an employment, or a category of employment, specified in regulations under this section as an employment or a category of employment for which a general employment permit or contract service agreement employment permit may be granted,

the Minister may specify in regulations under this section the employments or categories of employments to which section 23(2) shall not apply—

(i) in respect of—

(I) an employment, and

(II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which a general employment permit may be granted, and

(ii) in respect of—

(I) an employment, and

(II) a category of employment or an employment falling into a category of employment,

specified in regulations under this section as employments or categories of employment for which a contract service agreement employment permit may be granted.

(21) Where regulations under this section are in force, the relevant powers of the Minister under this Act in relation to employment permits shall, subject to this Act, be exercised subject to, and in accordance with, those regulations.

48. Remuneration relating to employments

48. (1) When specifying, in regulations made under section 47(2)(e), a minimum amount of remuneration for an employment or a category of employment, the Minister may have regard to the amounts of remuneration paid in respect of different employments and categories of employment.

(2) Where, pursuant to regulations made under section 47(2)(g), the minimum number of hours of work that are required to be worked in each week for an employment as a condition for the grant of an employment permit in respect of it—

(a) is less than 39 hours in each week, the minimum annual remuneration specified in regulations under section 47(2)(e) in respect of that employment as a condition for the grant of an employment permit for that employment shall not be reduced in accordance with the lesser number of hours to be worked in each week, or

(b) is greater than 39 hours in each week, the minimum annual remuneration specified in regulations under section 47(2)(e) in respect of that employment as a condition for the grant of an employment permit for that employment shall be increased in proportion to the minimum hourly rate specified for the employment concerned in accordance with the number of hours, or any portion of an hour, that exceed, or exceeds, 39 hours.

49. Criteria for making regulations under section 47

49. (1) The matters mentioned in subsections (1), (14), (15), (16), (17) and (19) of section 47 are—

(a) the qualifications, experience or skills that, in the opinion of the Minister, are required for economic and social development and competitiveness,

(b) the economic sector or sectors that, in the opinion of the Minister, will be involved in the achievement of such economic and social development and competitiveness,

(c) the qualifications, experience or skills that, in the opinion of the Minister, are required for the proper functioning of such economic sector or sectors, and

(d) in a case where, in the opinion of the Minister, there is likely to be a shortage or surplus in respect of qualifications, experience or skills falling within paragraph (c), an estimate as best the Minister may make (and which estimate the Minister is, by virtue of this section, required to make) of what the extent of that shortage or surplus will be.

(2) References in subsection (1) to qualifications, experience or skills are references to qualifications, experience or skills of employees.

50. Regulations governing procedure in relation to applications for employment permits, etc.

50. (1) The Minister shall make regulations providing for the procedure relating to the making of an application for an employment permit under section 12 or the renewal of an employment permit under section 36 and the grant or renewal of an employment permit on foot of such an application and may, when making the regulations, make provision for the purposes specified in paragraphs (a) to (j) of section 9(2) for which employment permits may be granted and the different classes of employment permit provided for in regulations under section 47(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;

(c) the production to the Minister, with an application under section 12, of information and documents as the Minister may—

(i) without prejudice to the requirement under section 13(a), specify, in respect of the employment concerned and the terms, conditions and the duration of it,

(ii) without prejudice to the requirement under section 13(c), specify, in respect of the qualifications, skills, knowledge and experience, of the foreign national in respect of whom the application is made,

(iii) in the case of an application for a sports and cultural employment permit and without prejudice to the requirement under section 13(c), specify, in respect of the knowledge or expertise of the foreign national in relation to the sport or cultural activity concerned,

(iv) without prejudice to the requirement under section 13(e), specify, in respect of the remuneration that is proposed to be paid to the foreign national and deductions to be made from it,

(v) without prejudice to the requirement under section 13(f), specify, concerning—

(I) any permission given to the foreign national in respect of whom the application is made by the Minister for Justice 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 12 is made, to the Minister for Justice for which the foreign national has sought permission to land in the State or to be in the State,

(vi) without prejudice to the requirement under section 13(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,

(vii) 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 (j),

(viii) without prejudice to the requirement under section 13(i), specify, in respect of the requirement under section 12(10) 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 12(10), 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

(ix) specify, in respect of—

(I) without prejudice to subsection (1), the making of an application under section 12,

(II) without prejudice to the requirement under section 13, any matter specified in paragraphs (a) to (m) of section 13,

(III) the requirement under section 22 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 22(3),

(IV) without prejudice to the generality of subsection (1), a purpose specified in section 9(2), and

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

(d) the production to the Minister, with an application under section 36 to renew an employment permit, of information and documents as the Minister may—

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

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

(iii) 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) 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) specify, concerning the permission given by the Minister for Justice 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) 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 (j),

(vii) 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 36,

(II) without prejudice to the generality of subsection (1), the requirements under section 22, referred to in paragraph (c)(ix)(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 9(2), and

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

and

(viii) in the case of an application for the renewal of a general employment permit or seasonal employment permit, specify concerning—

(I) any accommodation, training or expenses required by regulations made in accordance with section 47(12) to be provided to the foreign national to whom the employment permit was granted, and

(II) any measures required, pursuant to regulations made in accordance with section 47(12), to be taken by the employer of the foreign national to whom the employment permit was granted;

(e) the production to the Minister, with an application under section 12 of documents and evidence to verify such documents—

(i) demonstrating that the person identified in the application in accordance with section 12(6), or as the case may be the connected person, is registered with the Revenue Commissioners,

(ii) where the person identified in the application in accordance with section 12(6), or as the case may be the connected person, is a company within the meaning of the Companies Act 2014, relating to the registration of the company pursuant to that Act,

(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the person identified in the application in accordance with section 12(6), or the connected person where that person has a registered business name, and

(iv) where the person identified in the application in accordance with section 12(6), or the connected person is—

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

(II) an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021,

(III) a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and

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

(f) the production to the Minister with an application for a renewal of an employment permit under section 36 of documents and evidence referred to in paragraph (e);

(g) without prejudice to paragraph (c), in the case of an application for an intra company transfer employment permit or a contract for service employment permit, the production to the Minister, with an application under section 12, 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 section 24(2) and (3) and section 25(2) and (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;

(h) without prejudice to paragraph (d), in the case of an application for the renewal of an intra-company transfer employment permit or a contract for service employment permit, the production to the Minister, with an application under section 36, 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) 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, contractor or subcontractor, as the case may be,

(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;

(i) the form of the notification referred to in sections 44 and 45 and the information and documents the Minister may require to be satisfied—

(i) that, for the purposes of sections 44 and 45, the dismissal by an employer of a foreign national referred to in section 44 or 45 is a dismissal by reason of redundancy, and

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

(j) the specification of the minimum period for which a passport referred to in paragraphs (c) and (d) shall be in force on the date of an application for the grant, or renewal, of an employment permit;

(k) 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;

(l) 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.

(3) 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 a contract for service employment permit, 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 intra-company transfer employment permit or a contract for service employment permit, 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, contractor or subcontractor for accommodation, board and health insurance referred to in section 3(1)(b)(iii) provided for the foreign nationals,

and

(4) 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 12, of information, documents and evidence to verify such information and documents as the Minister may require to be satisfied—

(a) that the exchange agreement applies to the foreign national in respect of an application for the grant of an exchange agreement employment permit, and

(b) that, in respect of an application for the grant of an internship employment permit—

(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 9(2)(i)(iii), and

(V) that the foreign national is required to return to that institution at the end of the period referred to in section 9(2)(i)(iii) 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 the period referred to in section 9(2)(i)(iii), and

(II) the employment is wholly or substantially concerned with the skills or qualifications referred to in section 9(2)(i).

(5) 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 or a seasonal employment permit, to the Minister of—

(a) information and documents relating to the arrangements made by the approved seasonal employer for accommodation and health insurance referred to in section 3(1)(c)(iii) and transport, where applicable, provided for foreign nationals, and

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

(6) The Minister shall make regulations providing for the procedure relating to the making of an application for approval as an approved seasonal employer under section 10 and may, when making the regulations, make different provision for different employments or categories of employment and in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(7) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may make provision for all or any of the following:

(a) the form in which an application for approval as an approved seasonal employer shall be made and the form of an approved seasonal employer certificate;

(b) the production to the Minister, with an application for approval as an approved seasonal employer, of information and documents as the Minister may specify in respect of—

(i) the proposed employment to which the application relates and the terms and conditions, including the hours of work in each week, and the duration of the proposed employment concerned,

(ii) the business carried on by the applicant to which the seasonally recurrent employment concerned relates,

(iii) the place at which the business referred to in subparagraph (ii) is to be carried out,

(iv) the remuneration that is proposed to be paid by the person to the foreign nationals proposed to be employed under a seasonal employment permit and any deductions to be made from that remuneration,

(v) the making of an application for approval as an approved seasonal employer, and

(vi) any other requirement under this Act that, in respect of the approval as an approved seasonal employer and, where applicable, the grant or renewal of a seasonal employment permit, is required to be satisfied;

(c) the production to the Minister, with an application for approval as an approved seasonal employer, of documents and evidence to verify such documents—

(i) demonstrating that the applicant is registered with the Revenue Commissioners,

(ii) where the applicant is a company within the meaning of the Companies Act 2014, relating to the registration of the company pursuant to that Act,

(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the applicant where the applicant has a registered business name, and

(iv) where the applicant is—

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

(II) an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021,

(III) a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and

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

(d) the period within which any information or documents, including additional information or documents requested by the Minister relating to approval as an approved seasonal employer, shall be furnished to the Minister;

(e) 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 approval as an approved seasonal employer.

(8) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may provide for the production, with an application for approval as an approved seasonal employer, to the Minister of—

(a) information and documents relating to the arrangements made, or proposed to be made, by the applicant for—

(i) accommodation and health insurance referred to in section 3(1)(c)(iii),

(ii) any accommodation, training or expenses required by regulations made in accordance with section 47(12)(a), where applicable, and

(iii) transport, where applicable,

to be provided for foreign nationals proposed to be employed by the applicant under a seasonal employment permit,

(b) information and documents concerning any measures required, pursuant to regulations made in accordance with section 47(12)(b), to be taken by the applicant, where applicable, and

(9) The Minister may, in respect of an application under section 27 or 29, make regulations under this section specifying—

(a) the information and documents to be provided to the Minister that relate to the making of an application to change the employer specified in an employment permit under section 27 or 29,

(b) the form in which an application under section 27 or 29 is to be made,

(c) the production to the Minister, with an application under section 27, of documents and evidence referred to in section 50(2)(e), and

(d) the procedure for the making of an application under section 27 or 29 and for the approval of the change of employer on foot of such an application.

(10) The Minister may, in respect of the notification referred to in section 26, 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 26 is to be made, and

(11) The Minister may, in respect of the notification referred to in section 31(2), make regulations under this section specifying—

(a) the information and documents to be provided to the Minister that relate to the matters referred to in section 31(3),

(b) the form in which the notification under section 31(2) is to be made, and

(12) Without prejudice to subsections (1), (2) and (6), 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, an application for approval as an approved seasonal employer or an application under section 27 or 29, of information, documents and evidence to verify such information and documents concerning—

(a) compliance by a person who makes an offer of employment or a person applying for approval as an approved seasonal employer 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, subcontractor, relevant person or connected person with an enactment, as the Minister may specify in the regulations, with which compliance is required by such contractor, subcontractor, 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 or a person applying for approval as an approved seasonal employer 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,

(d) compliance by a contractor, subcontractor, relevant person or connected person with a requirement as the Minister may specify in regulations, with which compliance is required by such contractor, subcontractor, relevant person or connected person in order to carry on his or her business, and

(e) without prejudice to paragraphs (a) and (b), compliance by a person who makes an offer of employment, a person applying for approval as an approved seasonal employer, a contractor, subcontractor 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)(e)(i) and (2)(f),

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

(13) 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 or an application under section 27.

(14) The Minister may make regulations providing for the procedures in relation to the submission of a decision for review under section 11(5), section 28(5) (including as applied by section 30(4)), section 35 or section 41 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;

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

(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.

(15) 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 a dependant employment permit of information, documents and evidence to verify such information, with—

(a) an application under section 12 for the grant of an employment permit, or

(b) an application under section 36 for the 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 a dependant of a primary permit holder and satisfies the requirements of section 14(2) or is a dependant of a research project researcher and satisfies the requirements of section 14(3) and in so providing may include information, documents and evidence referred to in paragraphs (a) to (g) of subsection (16).

(16) The information, documents and evidence referred to in subsection (15) that may be included in regulations under this section are information, documents and evidence verifying such information and documents in respect of—

(a) the nature of the dependence of a foreign national, in respect of whom an application for a dependant employment permit is made, on the primary permit holder or, as the case may be, the research project researcher concerned, which may include copies of birth certificates or other documents providing evidence of the nature of such dependence,

(b) the identity of the primary permit holder and the grant to him or her of a critical skills employment permit,

(d) the permission—

(i) given to a primary permit holder referred to in section 14(2)(a) to be in the State and be in employment in the State,

(ii) referred to in section 8(1)(f) given to a primary permit holder referred to in section 14(2)(b), and

(iii) given to the foreign national in respect of whom the application for a dependant employment permit is made, to land in the State and reside in the State,

(e) in the case of a research project researcher referred to in section 14(3)(b), the permission referred to in section 8(1)(f) given to him or her and the permission given to the foreign national in respect of whom the application for a dependant employment permit is made, to land in the State and reside in the State,

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

(g) 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 14(3)(b), of the employment of the research project researcher.

(17) Regulations under this section may make provision for—

(a) the making of an application under section 10, 11, 12, 27, 29 or 36,

(b) the issue of an employment permit under section 21, 27(15), 29(14) or 31(4)(c),

(d) the giving of any notice in writing required to be given under this Act,

by electronic means and through such electronic systems as the Minister may make available for any such purpose.

PART 4 Enforcement, Offences and Penalties

51. Authorised officers

51. (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 and such appointment may be specified to be for a fixed period.

(2) A person who, immediately before the commencement of this section, was an authorised officer appointed under the Act of 2006 shall be deemed to be an authorised officer appointed under this Act, and this section shall apply accordingly in respect of that person.

(3) 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.

(4) 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

(5) For the purposes of this Act, an authorised officer may, subject to subsection (6)—

(a) at all reasonable times enter any premises, place, vehicle, vessel or aircraft 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, vehicle, vessel or aircraft and any records that are on, at or in such premises, place, vehicle, vessel or aircraft,

(b) secure for later inspection any, or any part of any, premises or place or any vehicle, vessel or aircraft 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, vehicle, vessel or aircraft 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 anything on, at or in the premises, place, vehicle, vessel or aircraft and remove the photographs from the place, and

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

(6) 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 (9) authorising such entry.

(7) Where an authorised officer, in the exercise of his or her powers under this section, is prevented from entering any premises, place, vehicle, vessel or aircraft, an application may be made for a warrant under subsection (9) authorising such entry.

(8) 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.

(9) 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, vessel or aircraft, 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 (8) 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, vehicle, vessel or aircraft if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.

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

(11) 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,

shall be guilty of an offence.

52. Warrant relating to offences under section 7(6)

52. (1) Without prejudice to the powers conferred on an authorised officer by or under section 51 where, on the sworn information of a member of the Garda Síochána not below the rank of sergeant, a judge of the District Court is satisfied that there are reasonable grounds for suspecting that evidence of or relating to an offence under section 7(6) is to be found at a place specified in the information, the judge may issue a warrant for the search of that place and any persons found at that place.

(2) A warrant issued under this section shall authorise a named member of the Garda Síochána alone or accompanied by such other members of the Garda Síochána and such other persons as may be necessary—

(a) to enter, within 7 days from the date of the warrant, and if necessary by the use of reasonable force, the place named in the warrant,

(b) to search it and any persons found there, and

(c) to seize anything found there, or anything found in the possession of a person present there at the time of the search, which that member reasonably believes to be evidence of or relating to an offence under section 7(6).

(3) A member of the Garda Síochána acting in accordance with a warrant issued under this section may require any person found at the place where the search is carried out to give the member his or her name and address.

(4) Any person who—

(a) obstructs or attempts to obstruct any member of the Garda Síochána acting in accordance with a warrant issued under subsection (1),

(b) fails or refuses to comply with a requirement under this section, or

shall be guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant any person whom the member reasonably suspects of having committed an offence under subsection (4).

53. Prohibition on forgery, fraudulent alteration or fraudulent use of employment permit

53. (1) A person shall not—

(a) forge a document purporting to be an employment permit,

(b) alter an employment permit with intent to deceive,

(d) permit the alteration of an employment permit with intent to deceive,

(e) permit the use of an employment permit with intent to deceive, or

(f) use, with intent to deceive, a forged document purporting to be an employment permit.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

54. Prohibition on certain use of employment permit

54. (1) Subject to sections 27 and 29, where an employment permit has been granted in respect of a foreign national, the employer or the connected person, as the case may be, shall not—

(a) transfer the employment permit to another person,

(b) use the employment permit to employ a foreign national other than the foreign national to whom it has been granted, or

(c) use the employment permit in respect of an employment other than the employment in respect of which it has been granted.

(2) Subject to sections 27 and 29, the holder of an employment permit shall not—

(a) transfer the employment permit to another foreign national,

(b) allow another foreign national to use the employment permit to enter into the service of an employer in the State or be in employment in the State, or

(c) use the employment permit to enter into a contract of employment in respect of an employment other than the employment in respect of which the employment permit has been granted.

(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence.

55. Prohibition on deduction from remuneration and retention of personal documents

55. (1) An 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 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;

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

(3) 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 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), (2) or (3) shall be 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.

56. Provision of false or misleading information

56. A person who furnishes to the Minister, on an application under section 12 or 36, 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, shall be guilty of an offence.

57. Penalties and proceedings

57. (1) A person guilty of an offence under section 7(6) is liable—

(a) on summary conviction, to a class B fine or imprisonment for a term not exceeding 12 months or both, or

(b) where the offence is an offence consisting of a contravention of section 7(3) or (5), or a failure to take the steps specified in section 7(4), on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 10 years or both.

(2) A person guilty of an offence under section 43(4), 53(2), 54(3), 55(4), or 56 is liable—

(a) on summary conviction, to a class A fine 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.

(3) A person guilty of an offence under section 51(11) or 63(8) is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(4) A person guilty of an offence under section 52(4) is liable on summary conviction to a class B fine or imprisonment for a term not exceeding 12 months or both.

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

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

58. Offences by body corporate

58. (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 wilful 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.

59. Civil proceedings

59. (1) This section applies to a foreign national who, in contravention of section 7(1)—

(a) entered the service of an employer in the State, or

(b) was in employment in the State,

without an employment permit and who is no longer in such service or employment.

(2) Where an employer referred to in section 7(1)(a) or, in the case of employment referred to in section 7(1)(b), a person referred to in section 7(2)(a) or (c)—

(a) has not paid a foreign national to whom this section applies an amount of money in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, or

(b) has paid an amount of money that was, having regard to the work done or services rendered during such period, an insufficient amount of money,

the foreign national or, in accordance with subsection (5), the Minister, may institute civil proceedings in any court of competent jurisdiction for an amount of money to recompense the foreign national for such work done or services rendered.

(3) Where, in proceedings under subsection (5), a court before which the proceedings are brought is satisfied that the foreign national took all steps as were reasonably open to him or her to comply with section 7(1), the court may make an order that in recompense for such work done or services rendered an amount of money shall be paid to the foreign national by the employer who employed the foreign national, or, as the case may be, the person referred to in section 7(2)(a) or (c).

(4) The amount of money to be paid, pursuant to an order under subsection (3), to a foreign national in recompense for work done or services rendered shall be—

(a) in a case where no amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the greater of—

(i) an amount calculated by reference to the national minimum hourly rate of pay, or

(ii) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment,

(b) in a case where an amount of money was paid in respect of work done or services rendered during the period for which the foreign national was in the employment without an employment permit, an amount equal to the difference between—

(i) the amount paid, and

(ii) an amount equal to the greater of—

(I) an amount calculated by reference to the national minimum hourly rate of pay, or

(II) an amount equal to an amount of pay for the work done or services rendered which is fixed under or pursuant to any enactment.

(5) The Minister may, at his or her discretion, institute civil proceedings under subsection (2) in the name, and on behalf, of the foreign national with the consent of that foreign national.

(6) Subject to subsection (8), proceedings under this section shall not be brought—

(a) after the expiration of 2 years from the day on which the foreign national ceased his or her employment or service with the employer or a person referred to in section 7(2)(a) or (c), or

(b) in respect of any work or services, done or rendered more than 6 years prior to the day on which the foreign national ceased his or her employment or service with the employer or a person referred to in section 7(2)(a) or (c).

(7) Subsection (6)(b) shall apply to proceedings under this section whether the work was done or the services were rendered before or on or after the coming into operation of this section.

(8) Without prejudice to subsection (6), proceedings under this section shall not be brought where—

(a) the foreign national, in respect of any right of action he or she may have and whether such right of action arises pursuant to any enactment or otherwise, has—

(i) instituted proceedings in relation to the same, or substantially the same, work done or services rendered as referred to in this section, or

(ii) otherwise commenced an action or other claim in relation to the same, or substantially the same, work done or services rendered as referred to in this section,

and

(b) those proceedings have, or that action or claim has, not been finally determined or have, or has, not been discontinued before being finally determined.

(9) In proceedings instituted by the Minister under this section, the court shall not award costs in favour of the foreign national but may award costs in favour of the Minister.

(10) The amount of money paid to a foreign national pursuant to an order under subsection (3) shall not be treated as reckonable emoluments within the meaning of the Social Welfare Consolidation Act 2005 for the purposes of that Act.

(11) In proceedings instituted by the Minister pursuant to subsection (5), the foreign national shall not be liable for costs but the court before which the proceedings are brought may order that any costs that might otherwise have been awarded against the foreign national shall be paid by the Minister.

(12) Subsection (5) shall not be in derogation of any right of a foreign national to institute proceedings under this section on his or her own behalf.

(13) The District Court has jurisdiction to hear and determine proceedings under this section where the amount claimed in the proceedings does not exceed €15,000.

(14) The jurisdiction of the District Court under this section shall be exercised by the judge of the District Court for the time being assigned to the District Court district in which the person against whom the proceedings are brought resides or carries on business.

(15) The Circuit Court has jurisdiction to hear and determine proceedings under this section where the amount claimed in the proceedings does not exceed €75,000.

(16) The jurisdiction of the Circuit Court shall be exercised by the judge of the Circuit Court for the time being assigned to the circuit in which the person against whom the proceedings are brought resides or carries on business.

60. Prohibition on penalisation

60. (1) In this section, “penalisation” means any act or omission by an employer or a person acting on behalf of an employer that affects an employee to his or her detriment 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 2015), or the threat of suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(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 this Act is not being complied with,

(b) giving evidence in any proceedings under this Act, or

(4) Subsection (3) shall not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.

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

(6) 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 2015, relief may not be granted to the employee in respect of that penalisation both under Schedule 2 and under those Acts.

61. Presumption of employment in certain proceedings

61. In proceedings for an offence under section 7(6), 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

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, unless the contrary is shown, that that person was employed to do that act in that place.

62. Presumptions in proceedings under Act

62. (1) The presumptions specified in this section shall apply in any proceedings under this Act.

(2) Where a document purports to have been created by a person it shall be presumed, unless the contrary is shown, that the document was created by that person and that any statement or record contained in it, unless the document expressly attributes its making to some other person, was made by that person.

(3) Where a document purports to have been created by a person and addressed and sent to a second person, it shall be presumed, unless the contrary is shown, that the document or record was created and sent by the first person and received by the second person, and that any statement or record contained in it—

(a) unless the document or record expressly attributes its making to some other person, was made by the first person, and

(b) came to the notice of the second person.

(4) Without prejudice to the generality of subsection (3), where evidence is given that a notice or document has been served on or issued or given to a person in accordance with section 65, it shall be presumed, unless the contrary is shown, that the notice or document was received by that person and that any statement or record contained in it came to the notice of the person.

(5) Where a document or record is retrieved from an electronic storage and retrieval system, it shall be presumed, unless the contrary is shown, that the author of the document is the person who ordinarily uses that electronic storage and retrieval system in the course of his or her business.

(6) Where an authorised officer who, in the exercise of his or her powers, has removed one or more documents or records from any premises or place, gives evidence in any proceedings that, to the best of his or her knowledge and belief, the material is the property of any person, then the material shall be presumed, unless the contrary is shown, to be the property of that person.

(7) Where, in accordance with subsection (6), material is presumed in proceedings to be the property of a person and the authorised officer concerned gives evidence that, to the best of his or her knowledge and belief, the material is material which relates to any trade, profession, or, as the case may be, other activity, carried on by that person, the material shall be presumed, unless the contrary is proved, to be material which relates to that trade, profession, or, as the case may be, other activity, carried on by that person.

63. Retention of records

63. (1) The employer shall keep, in relation to the foreign national to whom an employment permit has been granted, 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 (4).

(2) The employer 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).

(3) The records that may be prescribed for the purposes of subsection (2)(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 one or more foreign nationals are employed by the employer concerned pursuant to an employment permit, records of the number for the time being, if any, of those foreign nationals who are—

(i) nationals of a Member State of the EEA,

(ii) nationals of the Swiss Confederation,

(iii) citizens of the United Kingdom of Great Britain and Northern Ireland, or

(iv) nationals of a state other than a Member State of the European Union or a Member State of the EEA.

(4) The period referred to in subsection (1) is—

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

(b) if the relevant foreign national remains in the employment of the employer 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.

(5) A connected person shall keep, in relation to the foreign national to whom an intra company transfer employment permit 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 (4).

(6) Where the connected person makes, pursuant to section 24(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 (7) in respect of the foreign national to whom the employment permit referred to in subsection (5) 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).

(7) The records referred to in subsection (6) 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 intra-company transfer employment permit, 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—

(i) nationals of a Member State of the EEA,

(ii) nationals of the Swiss Confederation,

(iii) citizens of the United Kingdom of Great Britain and Northern Ireland, or

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

(8) A person who fails to comply with subsection (1), (2), (5) or (6) shall be guilty of an offence.

PART 5 Miscellaneous

64. Register of employment permits

64. (1) The register of employment permits established and maintained under section 28 of the Act of 2006 shall, notwithstanding the repeal of that section by section 6, on or after the date of such repeal—

(a) continue in being, and

(b) form part of the register maintained by the Minister in accordance with this section.

(2) An entry shall be made in the register of employment permits (in this Act referred to as the “register”) in respect of each employment permit granted by the Minister and each entry in the register shall contain the following particulars:

(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 intra-company transfer employment permit, the connected person and the foreign employer, or

(II) in the case of a contract for service employment permit, the contractor, the relevant person, and if applicable, the subcontractor;

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

(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 intra-company transfer employment permit, the connected person and the foreign employer, or

(II) in the case of a contract for service employment permit, the contractor, the relevant person and, if applicable, the subcontractor,

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 e-mail address and any other relevant contact details of the persons referred to in paragraph (c)(i) and (ii);

(e) the duration of each employment permit and its commencement and expiry dates;

(f) in the case of a change of employer under section 27 or 29, the fact of the change to the employer, the name of the new employer (within the meaning of section 27 or 29, as the case may be) and the date of the approval by the Minister of the change;

(g) in the case of a renewal of an employment permit under section 36, the fact of its renewal, the period for which it has been renewed and the commencement and expiry dates of that period;

(h) in the case of a revocation of an employment permit under section 40, the fact of its being revoked, the date and reason for its revocation and, if a review under section 41 occurs, the fact of the decision being reviewed and the outcome of the review;

(i) if the employment permit is cancelled, the date and reason for such cancellation, and the date on which the permit ceased to be in force.

65. Service of notices

65. (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 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;

(d) by such electronic means or through such electronic systems as may be provided for in regulations made under section 50(17) in relation to the notice or document concerned.

(2) For the purposes of this section and section 66, a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act 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.

66. Notification of change of address

66. For the purposes of sections 64 and 65, a person who is—

(a) the holder of an employment permit,

(b) the employer specified in an employment permit,

(d) in the case of a contract for service employment permit, the contractor, the relevant person or, if applicable, the subcontractor,

shall, during the period for which the employment permit is in force, notify the Minister in writing of any change in—

(i) the address at which that person ordinarily resides or, in a case where an address for service has been furnished, at that address, or

(ii) the e-mail address at which that person may be contacted.

67. Delegation of functions

67. (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 10, 11, 13, 18, 19, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 40 and 41 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 35 or 41, 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.

68. Data exchange

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

(a) the Minister for Social Protection,

(b) the Minister for Justice,

(d) the Revenue Commissioners, or

(e) the Garda Síochána,

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

(2) Information held by—

(a) the Minister for Social Protection,

(b) the Minister for Justice,

(d) the Revenue Commissioners, or

(e) the Garda Síochána,

may, notwithstanding any other enactment, be supplied by that Minister of the Government or, as the case may be, the Revenue Commissioners 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.

PART 6 Transitional Provisions

69. **Definition (Part 6)**

69. In this Part, “commencement date” means the date on which section 6 comes into operation.

70. Continuation in force of employment permits granted under Act of 2006

70. (1) An employment permit granted under the Act of 2006 that is in force immediately before the commencement date, shall, subject to subsection (2), continue in force for the period for which it was granted or last renewed under that Act.

(2) An employment permit continued in force by subsection (1) shall, for the purposes of this Act, be regarded as an employment permit granted under this Act and may, subject to section 72, be revoked or renewed under this Act accordingly.

(3) In the case of an employment permit continued in force under subsection (1), references in this Act to the employer of a foreign national to whom such employment permit was granted shall, until such permit expires or is revoked or renewed, be to the employer within the meaning of the Act of 2006.

71. Applications for grant or renewal of employment permits under Act of 2006

71. (1) Where an application has been made under the Act of 2006 for the grant or renewal of an employment permit under that Act, but a decision in respect of the application has not been made by the Minister before the commencement date, the application shall be treated as if it were an application for the grant or renewal of an employment permit under this Act and shall, subject to section 72, be dealt with accordingly.

(2) Where an application referred to in subsection (1) relates to an employment permit in respect of the purpose referred to in section 3A(2)(b) of the Act of 2006, the application shall, notwithstanding the coming into operation of section 6, be determined under the Act of 2006 as if the enactments referred to in section 6 had not been repealed or revoked.

72. Renewal of employment permits granted under Act of 2006

72. Where an employment permit granted under the Act of 2006 is renewed under section 36, it shall be renewed in respect of a purpose referred to in section 9(2) that corresponds to the purpose for which that employment permit was granted under the Act of 2006.

73. Review of refusal under section 12 of Act of 2006

73. (1) This section applies to a decision of the Minister under section 12 of the Act of 2006, that is made before the commencement date, to refuse to grant, or to refuse to grant a renewal of, an employment permit.

(2) Where a decision to which this section applies has been submitted for review under section 13 of the Act of 2006 but that review is not completed before the commencement date, the review shall, subject to subsection (4) continue as if it were a review under section 35.

(3) Where a decision to which this section applies has not been submitted for review under section 13 of the Act of 2006 but, on the commencement date, the period referred to in section 13(2) of the Act of 2006 from the date of the decision has not expired, the decision may, subject to subsection (4), be submitted, within that period, for review under section 35.

(4) Where a review referred to in subsection (2) or (3) relates to an employment permit in respect of the purpose referred to in section 3A(2)(b) of the Act of 2006, the review shall, notwithstanding the coming into operation of section 6, continue under section 13 of the Act of 2006 as if the enactments referred to in section 6 had not been repealed or revoked.

(5) Where, pursuant to a review referred to in subsection (4) an employment permit is granted in respect of the purpose referred to in section 3A(2)(b) of the Act of 2006, the employment permit—

(a) shall for the purposes of this Act, be regarded as an employment permit granted under this Act, and

(b) may, subject to section 72, be revoked or renewed under this Act accordingly.

74. Review of revocation under section 16 of Act of 2006

74. (1) This section applies to a decision of the Minister under section 16 of the Act of 2006 that is made before the commencement date to revoke an employment permit.

(2) Where a decision to which this section applies has been submitted for review under section 17 of the Act of 2006 but that review is not completed before the commencement date, the review shall, subject to subsection (4), continue as if it were a review under section 41.

(3) Where a decision to which this section applies has not been submitted for review under section 17 of the Act of 2006 but, on the commencement date, the period referred to in section 17(2) of the Act of 2006 from the date of the decision has not expired, the decision may be submitted, within that period, for review under section 41.

(4) Where a review referred to in subsection (2) or (3) relates to an employment permit in respect of the purpose referred to in section 3A(2)(b) of the Act of 2006, the review shall, notwithstanding the coming into operation of section 6, continue under section 17 of the Act of 2006 as if the enactments referred to in section 6 had not been repealed or revoked.

(5) Where, pursuant to a review referred to in subsection (4), the Minister cancels the decision the subject of the review, the employment permit the subject of the decision—

(a) shall continue in force for the period for which it was granted or last renewed under the Act of 2006, having regard to section 17(5) of that Act,

(b) shall for the purposes of this Act, be regarded as an employment permit granted under this Act, and

75. Additional transitional provisions

75. (1) Without prejudice to sections 71, 73 or 74, any act or thing commenced under a provision of the enactments referred to in section 6 before the commencement date, and not completed before that date, may be continued and completed under the corresponding provision of this Act.

(2) Where a period of time specified in a provision of the enactments referred to in section 6 had not expired on the commencement date, this Act shall have effect as if the corresponding provision in this Act had been in force when the period began to run.

(3) Any notice in writing given by the Minister under the enactments referred to in section 6 that was effective immediately before the commencement date, shall continue to have effect on and after that date as if it had been made under this Act.

(4) All documents, authorisations, appointments, approvals and directions made or issued under the enactments referred to in section 6 and in force immediately before the commencement date shall continue in force as if made or issued under this Act.

PART 7 Consequential Amendments

76. Amendment of section 17(2) of Employment Equality Act 1998

76. Section 17(2) of the Employment Equality Act 1998 is amended by the substitution of “Employment Permits Act 2024” for “Employment Permits Act 2003”.

77. Amendment of Immigration Act 2004

77. The Immigration Act 2004 is amended—

(a) by the substitution, in section 4(3)(b), of “Employment Permits Act 2024” for “Employment Permits Act 2003”, and

(b) by the substitution, in section 13(2), of “an offence under section 7(6) of the Employment Permits Act 2024 consisting of a contravention of section 7(1) of that Act” for “section 2(1) of the Employment Permits Act 2003”.

78. Amendment of Workplace Relations Act 2015

78. The Workplace Relations Act 2015 is amended—

(a) by the substitution, in paragraph 5 of Part 2 of Schedule 1, of “Section 60(3) of the Employment Permits Act 2024” for “Section 26(3) of the Employment Permits Act 2006”,

(b) by the substitution, in paragraph 16 of Part 1 of Schedule 5, of “Section 60(3) of the Employment Permits Act 2024” for “Section 26(3) of the Employment Permits Act 2006”, and

(i) by the substitution, in paragraph 23 of Part 1, of “Paragraph 1 of Schedule 2 to the Employment Permits Act 2024” for “Paragraph 1 of Schedule 2 to the Employment Permits Act 2006”, and

(ii) by the substitution, in paragraph 23 of Part 2, of “Paragraph 2 of Schedule 2 to the Employment Permits Act 2024” for “Paragraph 2 of Schedule 2 to the Employment Permits Act 2006”.

SCHEDULE 1 Enactments Offences Under Which Fall within Sections 33(1)(c) and* 40(1)(b)*

Sections 33(1)(c) and 40(1)(b)

Employment Permits Act 2003

Employment Permits Act 2006

Immigration Act 2004

Employment Agency Act 1971

Carer’s Leave Act 2001

Minimum Notice and Terms of Employment Act 1973

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

Protection of Employment Act 1977

Protection of Young Persons (Employment) Act 1996

Safety, Health and Welfare at Work Act 2005

Unfair Dismissals Act 1977

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007

Terms of Employment (Information) Act 1994

SCHEDULE 2 Redress for Contravention of Section 60(3)

Section 60(5)

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 60(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.

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

(1) There shall be included among the debts which, under section 621 of the Companies Act 2014 are, in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, all compensation payable by virtue of a decision under paragraph 1 or 2 by the company 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 by rules made under that Act.

(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 or 2 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.

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