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Dáil Éireann debate -
Tuesday, 25 Mar 2003

Vol. 563 No. 4

Written Answers - Proposed Legislation.

Pat Rabbitte

Question:

122 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made to date in her consideration of the legal framework relating to the recruitment and employment of persons from outside the EU and EEA area; and if she will make a statement on the matter. [8136/03]

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.

Joan Burton

Question:

123 Ms Burton asked the Tánaiste and Minister for Enterprise, Trade and Employment when she expects to publish the long promised legislation to increase penalties for breaches of the health and safety legislation, especially having regard to the continuing level of accidents in the construction industry; and if she will make a statement on the matter. [8112/03]

I share the Deputy's concerns regarding the continuing level of accidents in the construction industry. My officials are currently working with the Office of the Parliamentary Counsel on a weekly basis to progress the new health, safety and welfare at work Bill, which will provide a legislative framework for health and safety in this country for the next decade and beyond. I expect to have the forthcoming revised Bill published in June. It will place greater responsibilities on employers and will introduce significantly heavier fines for health and safety breaches.

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