The chief executive of the National Equality Authority has not brought to my attention any concerns he may have about the experience of migrant workers in relation to either the recruitment process or the extent to which they understand their rights before taking up employment in Ireland.
Virtually all migrant workers coming to Ireland are recruited through employment agencies of one kind or other. There is anecdotal evidence of some workers being required to pay fees etc., to recruitment agencies or other intermediaries. Irish law requires that the recruitment costs be borne by the employer. While we do seek to influence the behaviour of such companies, clearly Irish legislation cannot apply overseas. Neither are we in a position to dictate the nature of their links with other overseas recruitment agencies.
I made it clear in the Dáil on 21 March, in response to a parliamentary question, that we need to tighten the legislation on the authorisation and registration of employment agencies and I promised a fundamental review of the Employment Agency Act, 1971, to determine the nature and scope of regulatory control appropriate to modern practices in the employment agency business. This review is continuing. I am aware, from reports in the media from time to time and complaints investigated by the Employment Rights section of my Department, that non-EEA workers in this country are not always aware of the rights and protection afforded to them under our legislation. In contacts between my staff and some of the embassies of the countries of origin of our migrant workers they continue to emphasise the array of rights which migrant workers have and copies of booklets produced by my Department, which set out clearly the rights of all workers in Ireland have been handed over.
In addition, the new format for the work permit application form which has been in use since 1 July sets out in summary form the principal rights to which a worker is entitled to and the declaration which the prospective employee must sign states that he/she has been supplied with a copy of the details of his/her employment rights. In addition, the employer is required to sign a declaration that the full benefit of all relevant Irish employment rights will be applied to the migrant worker.
In an effort to try to overcome the difficulties which can arise with workers who may not understand English my Department has produced and made available a short summary document setting out the main employment rights. This paper has been translated into eight different languages consistent with the principal foreign languages of the migrant workers coming to Ireland. It is also available on my Department's website.
