Written answer
Departmental Reviews
58. Deputy Colm Burke asked the Minister for Enterprise, Tourism and Employment his engagement with relevant stakeholders in the healthcare sector regarding the “50:50 rule” in the Employment Permits Act 2024; and if a review of the policy is being carried out which will consider risks of continuity of care due to staffing shortages, in view that non-compliance of the 50:50 rule can affect the employer’s ability to renew existing permits or obtain new permits. [66754/26]
Comment on this
The Employment Permits Act 2024 requires that, in order for an employment permit to be granted, at least 50% of the employees of an employer are Irish/EEA/UK/Swiss nationals. This policy fulfils Ireland's obligations under the Union Preference principles of membership of the EU. The mandatory application of the 50:50 rule underpins the Government’s employment creation strategy by compelling employers in the State to hire in a balanced manner from domestic and EEA labour markets.
Under this rule, an employment permit will not issue unless, at the time of application, at least 50% of the employees of the employer are EEA, UK or Swiss nationals.
Officials of my Department recently concluded a review of Ireland’s use of the 50:50 rule, the outcome of which recommended the creation of new sector specific and sector wide regulation-making powers in the Employment Permits Act 2024.
The Department of Health and the Department of Justice, Home Affairs and Migration provided key input during policy development of the 50:50 review and resulting recommendations to amend the Act. In addition, a report was presented to the Strategic Migration Policy Group for cross-departmental review to ensure a coordinated government approach.
While the immediate focus is now on seeking Government approval of the General Scheme providing for such regulation-making powers and, if approved, working with the OPC to draft the Bill, further engagement with relevant Government Departments and sectoral stakeholders will also take place to support timely enactment and implementation.
My Department remains committed to progressing the proposed legislative changes to the 50:50 rule and will continue to provide updates as the legislation advances. These policy developments are intended to ensure that the employment permits system remains responsive to evolving labour market needs while continuing to support key national priorities, including the delivery of essential care services.