Dáil Éireann Debate, Thursday - 13 May 2004
25 Mr. Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment if her Department has plans to undertake a review of the work permit scheme for immigrant workers; and if she will make a statement on the matter. [13759/04]
View answer41 Mr. Murphy asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the potential for abuse of the current work permit system for immigrant workers by employers who fail to treat their employees fairly; and if she will make a statement on the matter. [13758/04]
View answerI propose to take Questions Nos. 25 and 41 together.
On the question of workers rights, all workers are treated equally under Irish law. 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 individual/s 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 imigrant workers in exactly the same manner as they do to native Irish workers.
In addition, where employers seek work permits to employ non-EEA nationals, my 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.
I am satisfied that 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 that particular employers are exploiting imigrant workers I would ask that it be brought to the attention of the Labour Inspectorate for investigation and further action.
Various changes and developments are taking place in regard to the work permit system. From 1 May 2004, nationals of the ten new EU member states have full freedom of access to the Irish labour market. As a result, Ireland expects to be able to meet most of its overseas labour needs and all of its needs for low and unskilled workers from within the enlarged EU. This means that applications for work permits will be considered by reference to the high-level job requirements and explicitly identified high-level skills. The onus will be on the employer to provide job specifications which show the specific job requirements and prospective employee specifications showing that the employees in question have those skills. Where employees with such skills cannot be sourced within the enlarged EU, after a genuine effort and at a realistic wage, work permit applications will be considered. My Department will continue to refer employers to local FÁS offices and will develop, in consultation with relevant agencies, clear guidelines on testing the EU labour market and appropriate ranges of pay. Where training and up-skilling of Irish and EU workers is not an option, for stated reasons the employer will be required to demonstrate that this is so.
Work permit applications will continue to be considered for high skilled occupations such as those covered by the working visa/work authorisation system and other skilled jobs that are in short supply providing the prospective employees are adequately skilled and equality legislation is not breached.
Recently, my Department has undertaken a fundamental review of the current work permit system aimed at developing a more effective and efficient service with additional cross-checks and follow up. A new IT system to deliver this service is in course of being designed. Also, it is proposed to develop an on-line service for users of the system.
My Department is developing closer links with other Departments and agencies with an involvement in the issue of economic immigration and is proposing a review of alternative systems of such immigration with a view to making recommendations.
