Government chose not to ‘narrowly’ interpret asylum seekers’ right to work ruling

The Government made a conscious decision not to “narrowly” interpret the Supreme Court ruling on asylum seekers’ right to work, Justice Minister Charlie Flanagan has said.

Mr Flanagan today presented the Government’s proposal that the State ops into the EU (recast) Reception Conditions Directive to the Oireachtas justice committee.

It follows the landmark ruling in May 2017, in which the Supreme Court found the absolute prohibition on asylum seekers looking for employment in section 9(4) of the Refugee Act 1996 is unconstitutional.

When the judgment was handed down on 30 May, the court agreed to defer making a formal declaration for six months.

However, that deferral was further extended in November 2017 until February 2018, a month earlier than sought by the State. The Chief Justice of Ireland, Mr Justice Frank Clarke, stressed that the court had “exceptionally” decided not to make the declaration in May.

Speaking today, Mr Flanagan said that his Government “could have chosen to interpret this decision narrowly”, but had instead “listened to the calls from Deputies and Senators, the McMahon group and NGOs that Ireland should align its bespoke system with European norms”.

The minister added: “In doing so, the Government has chosen to be ambitious and to enhance and protect the rights of international protection applicants and their families.

“We are using the opportunity afforded to us by the Supreme Court decision to continue our programme of reforms undertaken since 2014. The Directive not only provides a framework for effective access to the labour force, but reaches into many other areas, which the Government feels it is timely to have validated by the European Commission that we do reach and comply with European standards.”