My Department and the Office of the Parliamentary Counsel are proceeding with the drafting of the employment permits Bill as a priority item and it is hoped that it will be published shortly after Easter. In the interim, I published a short Bill, entitled the Employment Permits Bill 2003 on 24 March with a view to its consideration by the Oireachtas as a matter of urgency. The primary purpose of this Bill is to provide the legislative basis necessary to grant full access to the labour market to the nationals of the Accession States after accession takes place on 1 May 2004. It also provides a safeguard mechanism if the labour market should suffer a disturbance after EU enlargement.
However, I am also availing of this opportunity to address an anomaly in the existing legislative basis governing the employment of non-EEA nationals in the State. This will have the effect of creating a specific offence for both an employer and an employee where one engages the services of the other in the absence of an employment permit, where such a permit is required. It is widely known that there is effectively no charge that can be brought against an employer who employs a person not entitled to work in the State.
This new provision, which should reduce illegal employment and the associated opportunities for exploitation, was originally introduced as an amendment to the Immigration Bill 2002, which has been passed by Seanad Éireann. As it is the intention that the employment permits Bill will be enacted first, the provision can be removed from the immigration Bill at the appropriate stage.