The Government is examining potential reforms to the work permit system which could allow some parts of the health sector to employ a majority of their workers from outside of Ireland or the broader European Economic Area (EEA).
The Department of Enterprise, Tourism and Employment (DETE) said it was carrying out a review of what is known as the 50/50 rule, which is set out in employment permit legislation, in relation to certain roles in the healthcare sector.
The move follows concerns raised, in particular, by the private nursing home sector over workforce challenges as a result of restrictions on the number of staff that can be employed outside of Ireland, the European Union, Iceland, Liechtenstein, and Norway – the EEA – as well as the UK and Switzerland.
Sources said in 2021 the Government broadened the categories of staff that can be employed from outside of these European countries. This, for example, permitted healthcare assistants and other personnel to be taken on from outside Europe.
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In recent years as the number of such staff increased, some organisations and companies found themselves coming close to the official limit.
Nursing Homes Ireland, the representative body for the private and voluntary nursing home sector, told The Irish Times it had had engagements with the Department of Health and the DETE on the impact of the restrictions on maintaining services. It said it had met Minister of State Alan Dillon earlier this month on the issue.
Under existing legislation any company seeking to use the employment permit system must make a declaration as to the number of EEA and non-EEA employees they employ. An application for an employment permit will only be considered if at the time at least 50 per cent of employees are nationals of the EEA (including Ireland), the Swiss Confederation, the UK or a combination of these.
The DETE described the 50/50 rule as “an important element of the employment permits system”.
“At a high level it operationalises Ireland’s EU community preference obligations. In addition, the requirement helps to promote the prioritisation of the existing available workforce, across Ireland, UK and EEA.”
It said earlier this year it was “made aware of issues raised by some operators in the healthcare sector in relation to the rule”.
“A review of the operation of this policy in this sector is being carried out by this department, taking into account the origins of the rule, its purpose and risks of continuity of care where due to staff shortages.
“The review considers the nature of the issue the sector reported on the operation of this rule, recent research and a range of measures which could be taken to alleviate these issues.”
It said it was preparing a draft policy approach and was in consultations with other Government departments.
Any changes to the existing arrangements would require new primary legislation.
The DETE said the current review “focuses on the health sector in response to issues highlighted recently for roles within the sector that play a vital role in the delivery of public service and public benefit”.
“Proposals to amend the primary legislation under consideration at present will not undermine the fundamental purpose of the employment permits system which aims to balance the approach to provide access to employment permits based on demonstrated need and evidence-based adjustment.
The Department of Health said it had had engagements with the DETE in relation to a range of workforce related matters including the 50/50 rule. It said it had also met representatives from the nursing home and home support sectors.
