In Ireland, there is a growing trend towards integrating ESG (Environmental, Social, and Governance) clauses in commercial leases.  

Initially, these clauses were aimed at newly built ‘A’ rated multi-occupation buildings, in which occupiers share common areas and pay service charges, but they are becoming more common in older buildings. 

The following are some considerations: 

1. Environmental Clauses (E) 
   • Energy Efficiency & Sustainability Requirements: 
     • Landlords may require tenants to use energy-efficient systems, such as LED lighting, or to maintain minimum Building Energy Ratings (BER). 
   • Green Fit-Out & Refurbishments: 
     • Tenants may be obliged to carry out fit-out in an environmentally responsible way, using sustainable materials and minimising waste. 
   • Waste & Recycling: 
     • Tenants often must follow recycling protocols, reduce landfill waste, and use waste contractors that meet environmental standards. 

2. Social Clauses (S) 
   • Accessibility & Inclusivity: 
     • Leases may incorporate requirements for the premises to remain accessible under equality legislation (e.g., for people with disabilities). 
   • Community Engagement: 
     • Some landlords encourage or require tenants to support local community initiatives or report on social value contributions. 
   • Employee Welfare Provisions: 
     • Clauses might address amenities like cycling facilities, showers, or healthy workplace design. 

3. Governance Clauses (G) 
   • Data Sharing & Reporting: 
     • Tenants and landlords may need to share data related to energy use, emissions, and other ESG metrics for compliance or reporting purposes. 

Green lease clauses are not mandatory in Ireland, yet. They an area of development and need thought and negotiation. Ideally, they are first agreed at heads of terms stage and, especially if being introduced into older buildings, should be tailored to suit the specific building, the users and the various vested company environmental charters. 

Our commercial team will be happy to advise you in these matters please contact us at 01 873 5012 or info@mcgrathmullan.ie 

More legal articles from McGrath Mullan:

• General Employment Permits – What you need to know
• Affidavit of testamentary capacity
• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• Residential Zoned Land Tax (RZLT)
• Starting a Business in Ireland: The Start-up Entrepreneur Programme (STEP)
• Independent Advice Review – Redundancy / Termination Agreements

Who Can Apply?

To be eligible for STEP, applicants must meet specific criteria:

• Good Character: No criminal convictions in any jurisdiction.
• Funding: A minimum of €50,000 in available funds to invest in the business.
• Innovation: An innovative business proposal with high potential for growth, job creation, and international scalability.

Application Process

STEP applications are submitted electronically at any time and are reviewed quarterly by an independent evaluation committee. The process includes:

1. Online Application: Submission of business details and proof of funds.
2. Application Fee: Payment to formalise the process.
3. Evaluation: Review by an independent committee assessing the proposal’s viability and compliance with STEP requirements.
4. Approval: Final approval by the Minister for Justice based on the committee’s recommendations.
5. Residency Letter: If successful, the applicant receives a residency letter allowing them to live in Ireland while working on their business.

Conditions of Residency

Successful applicants must adhere to strict conditions to maintain their residency under STEP:

• The business must be established and actively operated in Ireland.
• The entrepreneur must work exclusively on this business; employment in any other capacity is not permitted.
• The applicant cannot become a financial burden on the Irish State.
• Any criminal conviction can result in the withdrawal of residency.
• Failure to meet these conditions may lead to the revocation of residency status.

What Happens if an Application Is Refused?

If an application is unsuccessful, the Department of Justice will notify the applicant in writing, explaining the reasons for refusal. Please note that rejections under STEP cannot be appealed or reviewed, so careful preparation and a well-structured application are crucial.

Is STEP the Right Path for You?

Ireland offers a thriving ecosystem for startups, particularly in technology, pharmaceuticals, and financial services. If you have an innovative business idea, secure funding, and the ambition to expand internationally, STEP could be a valuable route to both entrepreneurship and residency in Ireland.

For assistance with your STEP application, McGrath Mullan LLP can provide expert guidance to improve your chances of success. Contact our team today to discuss your business proposal and eligibility. info@mcgrathmullan.ie or 01 873 5012

More Commercial Law resources from McGrath Mullan:

• Independent Advice Review – Redundancy / Termination Agreements
• Commercial Property: Tenant’s Renunciation of Entitlement to Long Term Lease
• Risks when buying property at auction
• How to Apply for an Employment Permit in Ireland: A Guide for Employers
• Retiring to Ireland with Sufficient Resources
• Employment Permits – Change of Employer Applications

McGrath Mullan are happy to assist in reviewing these agreements, and to advise on redundancy and your entitlements and options generally.

Please contact McGrath Mullan LLP at 01-8735012 or by info@mcgrathmullan.ie to arrange a meeting and review.

Articles on Employement Law from McGrath Mullan:

• Employment Permits – Change of Employer Applications
• Employment Permits and Redundancy
• How to Apply for an Employment Permit in Ireland: A Guide for Employers
• Critical Skills Employment Permits

We are truly grateful for this opportunity and look forward to a productive and successful year of collaboration.

If you are in need of legal advice please contact us here at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

The event, attended by notable figures including Minister-Counsellor Felipe Costi Santarosa and ABA President Esdras Dantas, covered critical topics like emotional management for lawyers, immigration law for women, and artificial intelligence’s role in legal practice.

Through sponsorship and participation, McGrath Mullan LLP supported a valuable platform for Brazilian legal professionals in Europe to discuss key challenges, strengthen networks, and enhance their presence on the international stage.

If you are in need of legal advice please contact us here at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Notes re Commercial Rates

Changes have been introduced to commercial rates which will affect all vendors and purchasers, landlords and tenants in commercial premises.
 
Since 1st January, the ‘liable person’ is the occupier or person entitled to occupy (the owner where the building is vacant). 
 
There is an obligation now to advise the local authority within 10 days of any change taking place in the ‘liable person’. The onus is both on the vendor and purchaser and the landlord and the tenant.
 
Even an owner moving into their own formerly vacant building must now notify the local authority.
 
Rates must be paid before any sale is concluded i.e. not out of the proceeds of sale.  Unpaid rates will gather 8% annual interest.  It is criminal offence not to notify the local authority!
 
Julie Mullan, Partner, has extensive experience in all aspects of residential and commercial conveyancing including residential and commercial purchases and sales, leases of commercial properties etc. Contact Julie if you would like assistance with any of these matters.

Among the main changes to the employment permits system are 11 new occupations listed on the highly skilled occupations list which are as follows:

• Professional Forester
• Resource modelling, earth observation and data analyst
• Meteorologist
• Operational Forecaster
• Chemical Engineer
• Project Engineer
• BIM Manager
• Optometrist (Ophthalmic Optician)
• Commercial Manager
• BIM Coordinator/Technician
• Estimator

Furthermore, the good news is that 32 occupations have been removed from the list of ineligible occupations which are as follows:

• Residential Day and Domiciliary Case Managers – in Disability Services
• Play Therapist – in Disability Services
• Genetic Counsellor
• Social Care Worker
• Family Support Workers – in Disability Services
• Project Offices, Disability
• Support Worker (social, community, public and charity)
• Guide Dog Mobility Instructor for the Visually Impaired
• Autism Assistance Dog Instructor
• Pig Managers
• Smiths and forge workers
• Metal plate workers and riveters
• Car mechanic, Motor mechanic, Auto electrician, Motor vehicle technician
• HGV mechanic
• Vehicle body builders and repairers/Body shop panel beaters
• Electrician, electrical contractor, electrical engineer
• Vehicle paint technician
• Skilled metal, electrical and electronic trades supervisors
• Upholstery and furniture operatives
• Butchers/(de)boner
• Baker
• Furniture makers and other craft woodworkers
• Senior Care Workers – in Disability Services
• Textile Process Operatives
• Wood Machine Operatives
• Saw Doctor/Wood Machine Mechanic
• Armature Rewinder
• Pig Farm Assistants
• Speciality Forestry Harvesting Technician

New minimum salary thresholds have also been announced for General and Critical Skills permits which will take effect from 17th January 2024. Among these changes are the following:

• General Employment will increase from €30,000 to €34,000 in 2024
• Critical Skills with a degree will go from €32,000 to €38,000 in 2024
• Critical Skills without a degree (but with significant experience) remains at €64,000

The other good news is that several occupations which had previously been made eligible for General Employment Permits (GEPs) have had their quotas extended. They are as follows:

• 1,000 GEPs for meat processing operatives
• 350 GEPs for butcher/deboners
• 350 GEPs for dairy farm assistants
• 1,000 GEPs have been provided for horticultural workers to support the sector until the introduction of the Seasonal Employment Permit

Therefore, if you wish to apply for an employment permit or renew, pay attention, because from 17th January the above guidelines must be followed.

For any inquiries about these changes, work permit and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.

In these cases, reactivation provides a pathway for re-employment where the individual has found another job offer for which they have the required qualifications, skills or experience and for which they will receive a salary that is at least the National Minimum Wage.

You may be eligible for permission under this scheme if:

1. You have previously held an employment permit to work in Ireland but have fallen out of the employment permit system through no fault of your own (for example, if you have been exploited or badly treated by your employer), and have remained in Ireland even though you are not currently legally resident.
2. You are the holder of a Reactivation Employment Permit and wish to change employer (note that, except in exceptional circumstances, employment permit holders are expected to remain with their initial employer for a period of 12 months before moving to a new job).

You will not be eligible under this scheme if you:

1. Are subject to a Deportation Order or have been given notification of a proposal to deport you under Section 3 of the Immigration Act 1999.
2. Are subject to a Removal Order under EU law.
3. Have already availed of this scheme and have been given a ‘Reactivation Employment Permit’ letter and a Reactivation Employment Permit.
4. Entered Ireland as a student or visitor and were never the holder of an employment permit.
5. Previously had an employment permit but subsequently left Ireland.
6. Previously had an employment permit and a Stamp 1 permission but changed your status to another immigration stamp.
7. Previously had an Intra-Company Transfer Employment Permit, Contract for Services Employment Permit, or Internship or Exchange Agreement Permit and remained in the State following the expiry of your permit.

If you are eligible for this scheme, you will first need to apply for a temporary Stamp 1 permission and a ‘Reactivation Employment Permit’ letter from the Department of Justice. Once you have this letter, you may then apply for a Reactivation Employment Permit from the Department of Enterprise, Trade and Employment (DETE).

Renewal refers to the renewal of an employment permit or immigration permission once it expires.

For most types of employment permits apart from Critical Skills Employment Permits (CSEP), the renewal application can be made online through the Employment Permits Online System (EPOS) to DETE within 16 weeks of the expiry of the existing employment permit, using the relevant application form and providing the requested information and documentation.

For a CSEP, there is no renewal process as once a person has been continuously employed in Ireland on a CSEP for 21 months, they will be eligible to apply for a Stamp 4 permission. In this case, the applicant must apply directly to the Department of Justice for a Stamp 4 permission.

The application for a Stamp 4 permission can be submitted 12 weeks before the expiry date of the CSEP. There is no application fee for this process.

Redundancy occurs when the employee’s position ceases to exist within the company and they will not be replaced.

If you have an employment permit and are made redundant by your employer, you must notify DETE within 4 weeks of the redundancy using the designated form (available on DETE’s website).

In this case, you will have up to 6 months from the date of redundancy to find another job.

If you find a new job within 4 weeks of your redundancy date, you will be exempt from certain rules that would otherwise apply, such as the Labour Market Needs Test and eligibility criteria for the job.

If you have been made redundant from a position that is subsequently deemed ineligible for the type of permit you held (e.g., due to inclusion on the Ineligible List of Occupations for Employment Permits or removal from the Critical Skills Occupations List) and you are offered the same job by a different employer, then an employment permit application will be considered for the same permit type.

For any enquiries about the above and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.

According to the information, 30.981 Work Permits were granted in Ireland, with India occupying first place in the ranking with 11.893 work permits (38.39%) and Brazilians occupying second place with 2.632 work permits (8.50%)

The Irish capital, Dublin, accounted for 15.041 of the permits granted (48.55%), followed by Cork with 2.613 (8.43%) and Kildare with 1.734 (5.60%) and Limerick 1.600 (5.16%)

At the top of the Work Permit is the Health & Social Work Activities area with 10.037 permits (32.40%), followed by the Information & Communication Activities area with 5.009 permits (16.17%) and Accommodation & Food Services activities with 2.606 permits (8.41%).

And, among the companies that applied the most work permits in 2023 were: Ernst & Young (365), Redwood Extended Care Facility UC (353) and Cork University Hospital (301).

For a detailed list covering the entire year, visit: https://enterprise.gov.ie/en/what-we-do/workplace-and-skills/employment-permits/statistics/.

For any enquiries about these changes, Work Permits and immigration matters in general, please feel free to contact us at info@mcgrathmullan.ie or call us at 01-8735012.

A lot of contractors and construction recruiters are not aware that it is possible to bring in skilled workers from outside of the EU on employment permits, for construction work.

This includes:

• Scaffolders
• Bricklayers
• Electricians
• Plumbers
• Carpenters
• Electricians
• Crane Drivers

I have a prospective employee – should I apply for a permit for them?

If you have sourced someone who is interested in coming to work for you in Ireland, the next step is to confirm that you as an employer, your prospective employee, and the role itself meet the required criteria for a permit.

1. The job needs to pay more than €14.79 per hour, or the minimum SEO rate if an SEO applies;
2. The intended employment needs to be for more than 3 months;
3. The employer needs to have more than 50:50 EEA to non-EEA workers on the date of application;
4. The employee has the requisite level of experience and/or qualification;
5. A labour market needs test may need to be carried out.

What do I need to do?
Depending on whether your prospective employee is from a “visa-required” country or not, you will need to obtain:

1)An employment permit; and
2)An employment permit visa.

A permit application is made to the Department of Enterprise, Trade and Employment.

If successful, and your employee is visa required, they will need to make a separate application to the Department of Foreign Affairs via their local embassy or consulate.

If you are interested in discussing your immigration options further, please contact our Immigration Law Team.