Dáil Éireann Debate, Thursday - 16 December 2004
9 Mr. M. Higgins asked the Minister for Enterprise, Trade and Employment when the promised legislation to put the employment permit regime on a comprehensive and sound statutory footing will be introduced; the reason for the delay in bringing forward the legislation, which was originally promised for 2003; if it is intended to replace the current work permit system with a green card system; and if he will make a statement on the matter. [33737/04]
View answer25 Caoimhghín Ó Caoláin asked the Minister for Enterprise, Trade and Employment if, in order to prevent exploitation of migrant workers, he will introduce legislative changes in relation to work permits to allow permits to be held by workers instead of employers. [33555/04]
View answer46 Mr. Boyle asked the Minister for Enterprise, Trade and Employment if he has plans to move towards a system whereby work permits are issued to prospective non-EU employees applying to work here rather than to their employers. [33848/04]
View answerI propose to take Questions Nos. 9, 25 and 46 together.
The preparatory stages of the Employment Permits Bill have taken longer than expected, because of the change in labour market. In particular, with effect from 1 May 2004, nationals of the ten new member states of the European Union are entitled to work here without restriction. This initiative has opened up further the Irish labour market with Irish employers now having access to a labour pool of some 220 millions from the European Economic Area, EEA. The EEA comprises the member states of the EU, Norway, Iceland, Liechtenstein and effectively Switzerland. It is also necessary to bring greater clarity and simplicity to the original draft Bill. As this is now being achieved, I intend to publish the Bill in the next Dáil session.
At present the work permit system grants a permit to an employer to recruit a specific employee to fill a specific vacancy, where the employer has been unable to find a suitable employee within the European Economic Area. This arrangement applies only to highly skilled and highly paid positions. The work permit is granted to the employer in the interest of traceability, the enforcement of the employees' rights and administrative efficiency.
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 or individuals concerned and, if appropriate, a prosecution is initiated.
In addition, where employers seek work permits in order 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.
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 emigrant workers I would ask that it be brought to the attention of the labour inspectorate for investigation and further action.
Persons employed in Ireland under the work permit scheme in recent years have been facilitated readily in changing jobs and in such circumstances a new work permit is issued to the person's new employer. This flexibility has been possible by the high number of vacancies arising in recent years.
