Last May, the Supreme Court found the law preventing those in direct provision from working unconstitutional. We are now awaiting the Ministers to approve changes to the law which will permit some individuals subject to direct provision to work. The Irish Government is expected to adopt an EU directive to fulfill their obligations as required by the Supreme Court.
These changes will enable persons who have been within direct provision for more than nine months without determination of status to work. It is expected that persons subject to direct provision may be restricted to certain types of employment. Permission to work will be granted by the Department of Justice through six month permits that may be renewed. Persons within direct provision granted permission to work may also become self-employed or train for future employment.
This legal reform is an important step in recognising the human rights of persons in the direct provision system, and may vastly improve the quality of life of persons subject to direct provision. As noted by Deputy Flanagan persons under direct provision “who will soon have access to the labour market will also see their capacity for economic independence enhanced.” The anticipated approval by the ministers of this legal reform is expected this week.
Berkeley Solicitors Team