Dáil Éireann Debate, Tuesday - 6 October 2026
438. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration the legal basis for the issuing of a labour market access permit to an international protection applicant under the international protection act 2026; and if he will make a statement on the matter. [70068/26]
View answerPrior to 12th June 2026, Article 15 of the 2013 Reception Conditions Directive (Directive 2013/33/EU) formed the legal basis on which applicants for international protection were granted labour market access.
Article 15 of the 2013 Directive was transposed into Irish law by the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018) as amended by S.I. No. 436 of 2020, S.I. No. 52 of 2021, S.I. No. 178 of 2021, S.I. No. 31 of 2022, and S.I. No. 649 of 2023.
Under S.I. No. 230 of 2018 as amended, people are eligible to apply for labour market access permission if:
• They are an international protection applicant under the 2015 Act; and
• They have waited at least 5 months from their “Application Received” date for their first instance recommendation; and
• They are cooperating with the international protection process – delays in receiving a first instance recommendation within 6 months must not be attributed, or attributed in part, to the applicant
• They have not received a final decision on their application.
Following that, a person may be issued a permission for labour market access if, at 6 months, they have not yet received a first instance recommendation. This permission is valid for 12 months and may be renewed until a final decision is made on the person's international protection application.
As the Deputy will be aware, the International Protection Act 2026 came into effect on 12 June 2026 and gives effect to the EU Migration and Asylum Pact.
Since 12 June 2026, the (EU) 2024/1346 Reception Conditions Directive (Directive 2024/1346) has replaced the 2013 Reception Conditions Directive. The legal basis for granting labour market access to those who are applicants within the meaning of Part 4 of the International Protection Act 2026 therefore now arises from Article 17 of the 2024 Reception Conditions Directive.
Specifically it states:
“Member States shall ensure that applicants have access to the labour market no later than six months from the date on which the application for international protection was registered provided that an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.”
Work is at an advanced stage on new regulations to replace the regulations relevant to labour market access in S.I. No. 230 of 2018 as amended. These new regulations will give effect to Article 17 of the 2024 Reception Conditions Directive and will be made under section 3 of the European Communities Act 1972. These new regulations will provide for labour market access to all eligible applicants, being applicants for international protection under the 2015 Act and the International Protection Act 2026 who have not received a first instance administrative decision within 6 months.
Until the new statutory instrument is made, applicants under the 2015 Act will continue to be granted labour market access under the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018).
The first applicants for international protection under the 2026 Act will not become eligible for labour market access until 12th December 2026.
The International Protection Act 2026 provides for standardised and shorter processing times for decisions: six months for the standard procedure, three months for accelerated and border procedures, and two months for applicants who have previously applied for protection elsewhere in Europe. These processing times will impact on the numbers of applicants who will become eligible for labour market access.
