The Gazette 1972

(b) Replies IRELAND

tration is not required of ruch persons who are not resident in the State for more than three months. (b) ARTICLE TWO OF THE CONVENTION A residence permit is needed by aliens intending to visit Ireland for more than three months or to live there permanently, and in general aliens (aged sixteen or more) who are resident in the State for more than three months are required to register with the police. Regula- tions governing the grant of residence permits are ad- ministered liberally in regard to nationals of other Contracting Parties. Chapter 2: Question No. 2, Article 3, paragraph 2 of the Convention (a) Question What provisions have been made by your government to give effect to paragraph 2 of Article 3? Article 3, paragraph 2 Except where imperative considerations of national security otherwise require, a national of any Contract- ing Party who has been so lawfully residing for more than two years in the territory of any other Party shall not be expelled without first lieing allowed to submit reasons against his expulsion and to appeal to, and lie repre;entcd for the purpose before a compe- tent authority or a person or persons specially desig- nated by the competent authority. (b) Replies IRELAND In accordance with the Aliens Act and orders made thereunder, nationals of any other Contracting Party who have been lawfully residing for more than two years in Ireland may not be expelled without first sub- mitting reasons against their expulsion to the Minister of Justice, who is the competent authority in this re- gard in Ireland. Such persons may also appeal against the decision of the Minister of Justice and be repre- sented before the President of the Irish High Court, whose decision in the matter is final. Chapter 3: Question No. 3, Article 9 of the Convention (a) Question What provisions have been made by your government for the application of Article 9? Article 9 (1) No security or deposit of any kind may be required, by reason of their status as aliens or of lack of domicile or residence in the country, from nationals of any Contracting Party, having their domicile or normal residence in the territory of a Party, who may be plaintiffs or third parties before the Courts of any other Party. (2) The same rule shall apply to the payment which may he required of plaintiffs or third parties to guarantee legal costs. , (3) Orders to pay the costs and expenses of a trial imposed upon a plaintiff or third party who is ex- empted from such security, deposit or payment in pursuance either of the preceding paragraphs of this article or of the law of the country in which the proceedings are taken, shall without charge, upon a request made through the diplomatic channel, be rendered enforceable by the competent authority in the territory of any other Contracting Party.

When the Convention was ratified, the Government of Ireland entered a reservation in respect of Article 9. The Government intends to consider in due course the possibility of modifying the existing iaw so as to enable the reservation to be withdrawn. Chapter 4: Question No. 4, Article 10 of the Convention (a) Question What are the criteria applied by your government for the implementation of Article 10? Article 10 Each Contracting Party shall authorise nationals of the other Parties to engage in its territory in any gainful occupation on an equal footing with its own nationals, unless the said Contracting Party has cogent economic or social reasons for withholding the authorisation. This provision shall apply, but not lie limited, to industrial, commercial, financial and agri- cultural occupations, skilled crafts and the profes- sions, whether the person concerned is self employed or is in tlie service of an employer. (b) Replies IRELAND (a) EMPLOYED ALIENS Employment permits arc required for aliens wishing to take up employment in Ireland. Owing to the high level of unemployment in Ireland, employment permits are not granted to aliens for the jobs for which there are suitably-qualified out-of-work Irish nationals. Other- wise, employment permits are freely granted to properly- qualified nationals of Contracting Parties. (B) SELF-EMPLOYED ALIENS Aliens must apply for permission before setting up in business or industry. Permission is seldom refused to nationals of a Contracting Party. When applications are being examined, such matters as the character and general fitness of the applicant, his knowledge of the branch of activity concerned, the viability of the enterprise and the employment pros- pects are taken into account. Permission is refused only where it is concluded from this examination that to grant it would be undesirable for economic or social reasons. Chapter 3: Question No. 3, Article 13 of the Convention (a) Question In what conditions may members of the legal and medical professions who are nationals of the other Contracting Parties lend assistance in the territory of your country, within the meaning of the second para- graph of Article 15? For the purpoes of this report, the term avocat in the French version shall include barristers and solicitors and the term lawyer in the English version shall include avocat. Article 15 The exercise by nationals of one Contracting Party in the territory of another Party of an occupation in respect of which nationals of the latter Party are required to possess professional or technical qualifi- cations or to furnish guarantees shall be made sub- ject to the production of the same guarantees or to the possession of the same qualifications or of others recognised as their equivalent by the competent

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