Dáil Éireann debate -
Tuesday, 9 Dec 2003

Vol. 576 No. 5

Written Answers. - Work Permits.

Pat Rabbitte

Question:

130 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the recent report produced by the Immigrant Council of Ireland which found that there was evidence of unscrupulous employers exploiting migrant workers; the steps being taken to prevent the exploitation of immigrant workers; and if she will make a statement on the matter. [29933/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey):

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated. The inspectorate operates without any differentiation with regard to worker nationality as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers.

In addition to the investigative work undertaken by my inspectorate in 2003, work that commenced in 2002 was completed on the development of a new case management system to support streamlined work procedures in the inspectorate. The new IT system went live at the end of June this year. The project represents a considerable investment by my Department –approximately €900,000 in the enforcement of employment rights for all workers. The system provides the technological support to enable Inspectors operate more effectively and efficiently in their interactions with employers and employees alike. In particular, by facilitating remote connection to head office, the requirement for regular visits to the office to complete administrative work has been significantly curtailed.

Information on employment rights is provided by my Department by a variety of means and is available in eight of the main foreign languages. This element is being upgraded. In addition, where employers seek work permits in order to employ non-EEA nationals, the Department requires the statement of the main functions of the job, salary-wages, deductions, other than statutory, other benefits and hours to be worked per week. Both the proposed employer and the proposed employee must sign this statement.

Work permits are not granted unless there is compliance with minimum wages legislation. Applications for renewals require confirmation that the stated wages have been paid; P60 and other sources are used. Work permits are not granted for sectors such as domestic employment where it is believed that such employment can be met from the Irish/EEA labour market.

Accordingly, I am satisfied there are sufficient procedures in place and an appropriate level of inspection activity to ensure, as far as possible, that rights and entitlements under Irish law are being observed for all workers. If there is evidence employers are exploiting immigrant workers, it should be brought to the attention of the labour inspectorate for investigation and further action.