Vol. 524 No. 1
3 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans she has to reform the Employment Agency Act, 1971; her views on whether the current procedures are sufficient to ensure the enforcement of the current legislation; if she will assure Dáil Éireann that the rights of foreign workers are protected under this legislation; and if she will make a statement on the matter. [21623/00]
The employment market in Ireland has been transformed in recent years, driven by increased employment opportunities. Employment agencies have responded by developing their services to meet the needs of employers and potential employees. Such services are increasingly provided over the Internet and indeed across borders by the same means. The Employment Agency Act, 1971, is based on the notion of services being provided from an establishment whereas increasingly these services are delivered by means of e-business. It is against these changing circumstances that I asked my officials to review this legislation. As part of that review the social partners and other interested parties will be consulted over the coming months. Best practice in other EU countries will also be examined with a view to the possibility, where appropriate, of introducing improvements to our current legislation.
I am, however, satisfied that the current procedures governing the granting of employment agency licences are adequate. I am satisfied that the vetting procedures prior to issue of licences are adequate. The labour inspectorate of my Department also enforces this legislation with its other duties.
With regard to the rights of foreign workers, I assure the House that foreign workers receive the same protection as Irish workers under this country's employee protection legislation, including the Employment Agency Act, 1971.
Should the Deputy have evidence of a breach of this Act or other employment rights legislation, I would welcome further information so that the matter can be investigated fully by the labour inspectorate of my Department.
Is the Minister of State aware that recruitment agencies are bringing non-nationals into Ireland without licences contrary to the 1971 Act? The Department has been made aware of recruitment agencies charging Philippine nationals up to £2,500 for placement in employment in this country. What action is the Minister of State taking with regard to that matter?
If examples of breaches of legislation are known to the Deputy I ask him to notify me and my Department. The Deputy is aware of the specific criteria under which agencies are awarded licences. Persons must be of good character, the premises must pass health and safety regulations and monitoring of the work of agencies, in the form of checking daily newspapers, is carried out.
I have undertaken a review of section 7(2) of the 1971 Act which rules out the charging by an employment agency of a fee solely for agreeing to seek employment for another person. Discussions with my officials indicate that some strengthening is required with regard to that section. Agencies are not entitled to charge fees of employees. Pay ment is made by employers. There is a need to improve that section of the Act. It is 30 years old and needs to be updated.
It is my understanding that a complaint has been made to the Minister of State's Department regarding this matter. However foreign nationals are afraid to provide the Department with the evidence required for a prosecution. Because of these circumstances, will the Minister of State review the legislation with a view to strengthening the investigative powers of the Department or ensuring that, under the work permit legislation, controls are placed on these employment agencies and people who come into the country are not abused, as is happening at present?
Foreign workers are entitled to the same protection as Irish nationals. The review which is taking place will ensure the Act is updated. That is necessary because of the use of the Internet and e-business. The points made by the Deputy regarding a review of the legislation will be considered. I will also ensure that any complaint lodged with the Department is processed as quickly as possible.
What measures is the Minister of State putting in place to ensure that agencies do not record or disclose the results of employees who have been drug tested? Will he ensure that other measures are put in place regarding this matter?
A later question has been submitted on this issue which I will be glad to answer.
