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Amendment of section 14 of Act of 2006
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17. (1) Section 14 of the Act of 2006 is amended by substituting the following subsection for subsection (1):
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“(1) The Minister may, having regard to sections 3A and 14A and the matters specified in section 15, make regulations providing for a class of employment permit for each purpose specified in paragraphs (a) to (i) of section 3A(2) and may, for each such class of employment permit, provide for one or more of the matters specified in subsection (1A) 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.”.
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(2) Section 14 of the Act of 2006 is amended by inserting the following subsections after subsection (1):
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“(1A) The matters referred to in subsection (1) are:
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(a) the maximum number of employment permits that may be granted in respect of the purpose concerned or specified employments or categories of such employments and such employments or such categories may be provided for on the basis of one or more economic sectors into which they fall;
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(b) the employments for which an employment permit may be granted and such employments may be provided for by reference to categories of employments for which an employment permit may be granted and by reference to one or more economic sectors into which they fall;
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(c) the employments for which an employment permit shall not be granted and such employments may be provided for by reference to categories of employments for which an employment permit shall not be granted and to one or more economic sectors into which they fall;
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(d) economic sectors in respect of which employment permits for any employment that falls into such sector shall not be granted;
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(e) the minimum amount of remuneration that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, and without prejudice to the generality of the foregoing, in respect of such minimum amount of remuneration—
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(i) in so far as it relates to the salary referred to in paragraphs (a)(i) and (b)(i) of section 1A(1), the hourly rate for the salary shall be not less than the national minimum hourly rate of pay, or where appropriate to the employment or the category of employment, the hourly rate of pay referred to in section 12(6)(b), and
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(ii) in so far as it relates to the payments for board and accommodation, referred to in section 1A(1)(b)(ii) and the payments for health insurance referred to in paragraphs (a)(ii) and (b)(iii) of section 1A(1), a maximum amount that may be paid in respect of those payments or the maximum amount of the value of such board and accommodation that are directly provided;
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(f) the qualifications or skills that a foreign national, in respect of whom an application for an employment permit is made, is required to possess in order for a grant of the permit to be made;
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(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;
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(h) the minimum period of experience required for an employment, or a category of employment, as a condition for the grant of an employment permit in respect of it including different periods of experience by reference to different levels of remuneration;
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(i) the minimum period for which an employment permit may be granted.
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(1B) Without prejudice to the generality of subsection (1A)(e), when specifying the minimum amount of remuneration, pursuant to that subsection, that shall be payable in respect of an employment as a condition for the grant of an employment permit in respect of it, the Minister may specify—
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(a) a minimum annual remuneration which shall be the minimum amount of remuneration to be paid to a foreign national for 39 hours of work in each week for 52 weeks,
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(b) the minimum hourly rate for the minimum annual remuneration referred to in paragraph (a) that shall be payable where the hours of work for an employment or category of employment exceed 39 hours, and
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(c) a minimum hourly rate for remuneration other than that referred to in paragraph (a) or (b),
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in respect of any class of employment permit, employment or category of employment, and may, without prejudice to the generality of subsection (1), make different provision for any such class, employment or category in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.
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(1C) The Minister may in regulations under subsection (1), when providing for the class of employment permit for—
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(a) the purpose referred to in section 3A(2)(a), make different provision for a foreign national to whom section 20A applies, and
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(b) the purpose referred to in section 3A(2)(c), make different provision for a foreign national to whom section 20B applies,
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and may make different provision for such foreign nationals in respect of any matter to be provided for under subsection (1A) and without prejudice to subsections (1) and (1B), when providing for remuneration under subsection (1A)(e), such provision may include different amounts of remuneration in respect of such class or any employment or category of employment and different provision may be made for different cases in relation to different classes of cases and different circumstances or different classes of circumstances.
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(1D) When making regulations under subsection (1) in respect of the class of employment permit provided under that subsection for the purpose referred to in section 3A(2)(g), the Minister, in addition to providing for any of the matters specified in subsection (1A) for that class of employment permit—
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(a) shall specify in those regulations each exchange agreement in respect of which an employment permit may be granted, and
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(b) may, without prejudice to subsections (1) and (1A), specify the employments referred to in that exchange agreement, or to which that exchange agreement applies, in respect of which an employment permit may be granted for that class of employment permit,
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and when specifying the exchange agreement may, without prejudice to subsection (1), make different provision for such different exchange agreements in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.
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(1E) In regulations under subsection (1) in relation to any class of employment permit or any matter specified under subsection (1A), the Minister may, when providing for any such class or matter, make provision in respect of a recommendation referred to in section 3B, and may, in respect of such recommendation, make different provision for such classes or such matter in relation to different cases and different classes of cases and different circumstances and different classes of circumstances.
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(1F) When specifying in regulations under subsection (1) the qualifications, referred to in subsection (1A)(f), of a foreign national, the Minister may provide, in respect of such qualifications, for one or both of the following:
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(a) a requirement that the foreign national be registered with—
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(i) a regulatory body, or
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(ii) any Minister of the Government regulating the entry to or carrying on of any profession or employment in the State;
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(b) a requirement that the qualifications of a foreign national be recognised by—
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(i) a regulatory body, or
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(ii) any Minister of the Government regulating the entry to or carrying on of any profession or employment in the State.
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(1G) The Minister may, in regulations under subsection (1), provide for the names of the different classes of employment permits provided for under that subsection.
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(1H) Without prejudice to the generality of subsection (1A)(b), when specifying the employments for which an employment permit may be granted, including employments specified by reference to categories of employments and to one or more economic sectors, the Minister may specify such employments by reference to employments that require qualifications, experience or skills, referred to in section 15(1)(c), that are required for the proper functioning of one or more economic sectors and the Minister is satisfied that there is a shortage, referred to in section 15(1)(d), of those skills, experience or qualifications.
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(1I) The Minister may, having regard to section 3A and the matters specified in section 15, make regulations providing that no permits shall be granted in respect of any purpose referred to in section 3A(2) for a period as the Minister shall specify in the regulations.
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(1J) 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 section 15 and, without prejudice to the generality of the foregoing, the shortages and surpluses referred to in section 15(1)(d) in respect of the matters specified in the regulations pursuant to this section.
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(1K) Where under subsections (1) and (1A)(a), the Minister makes regulations providing for the maximum number of employment permits that may be granted in respect of a purpose or specified employments or categories of employments, whether the maximum number is provided for on the basis of an economic sector or otherwise, the Minister shall specify a period during which that maximum number of employment permits shall be granted.”.
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(3) Section 14 of the Act of 2006 is amended by substituting the following subsections for subsection (2):
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“(2) In regulations under subsection (1) the Minister may, having regard to sections 3A and 14A and the matters specified in section 15, provide, in respect of each class of employment permit referred to in subsection (1), for—
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(a) one or more of the matters specified in subsection (1A) other than the matters specified in paragraphs (a), (c) and (d) of that subsection, and
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(b) any matter specified in subsections (1B) and (1D) to (1H),
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in relation to the renewal, under section 20, 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 8 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.
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(2A) The following modifications apply in respect of the regulations referred to in subsection (2):
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(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;
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(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;
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(c) the substitution of references to the grant of the renewal of an employment permit for the grant of an employment permit.”.
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(4) Section 14 of the Act of 2006 is amended by substituting the following subsection for subsection (3):
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“(3) Where regulations under subsection (1) 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.”.
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(5) Section 14(4) of the Act of 2006 is amended—
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(a) by deleting “, during a period such as is referred to in subsection (3),”, and
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(b) by inserting “, subject to this Act,” after “be granted”.
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(6) Section 14 of the Act of 2006 is amended by inserting the following subsections after subsection (4):
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“(5) The Minister may, having regard to paragraphs (d) and (e) of section 3A(2), section 14A and the matters specified in section 15, make regulations specifying—
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(a) the minimum period of employment for which a foreign national referred to in section 3D is employed with the foreign employer before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month, and
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(b) the minimum period of employment for which a foreign national referred to in section 3E is employed by the contractor before an application for an employment permit may be made in respect of him or her, which period shall be not less than 1 month.
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(6) Where—
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(a) the Minister is satisfied that, having regard to section 15(1)(d), there is a shortage of the skills referred to in section 15(1)(d), and
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(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 an employment permit may be granted in respect of the purpose referred to in paragraphs (c) or (e) of section 3A(2),
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the Minister may specify in regulations under this section the employments or categories of employments to which section 10A(2) shall not apply—
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(i) in respect of—
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(I) an employment, and
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(II) a category of employment or an employment falling into a category of employment,
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specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(c), and
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(ii) in respect of—
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(I) an employment, and
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(II) a category of employment or an employment falling into a category of employment,
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specified in regulations under this section as employments or categories of employment for which an employment permit may be granted for the purpose referred to in section 3(2A)(e).
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(7) In this Act, ‘regulatory body’ means a body which is concerned with regulating the entry to or the carrying on of, a profession or an employment in the State and includes a body established by or under any enactment.”.
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