Terence Flanagan
Question:485. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will provide an update on migrant labour (details supplied); and if he will make a statement on the matter. [49670/12]
View answerTuesday, 13 November 2012
Questions (485)
Written answers
I am informed by the Minister for Jobs, Enterprise and Innovation that the issue of ratification by Ireland of Convention No. 189 on decent work for domestic workers is being assessed by his Department in the context of the standard approach to the ratification of international instruments, i.e. that Ireland does not ratify international Conventions until all necessary amendments to domestic legislation have been identified and effected. When complete, this assessment will be submitted to the Attorney General for her consideration. I am informed that the Minister for Jobs, Enterprise and Innovation will not be in a position to outline his intentions as regards ratification of the Convention until this process is complete.
My Department is working with the Department of Foreign Affairs and Trade and others such as the Department of Jobs, Enterprise and Innovation, the Irish Naturalisation and Immigration Service and An Garda Síochána with a view to implementing additional procedures for the employment of private domestic workers in diplomatic households. The purpose of the additional procedures are, taking account of international best practice, to provide for employment terms and conditions for domestic workers in diplomatic households that demonstrate respect for Irish laws and good employment practice.
With regard to the issue of forced labour, the Criminal Law (Human Trafficking) Act 2008 which came into effect on 7 June 2008 criminalises the trafficking of persons for the purposes of labour exploitation. Section 1 of the 2008 Act defines labour exploitation in relation to a person (including a child) as follows: (a) subjecting the person to forced labour; (b) forcing him or her to render services to another, or (c) enslavement of the person or subjecting him or her to servitude or a similar condition or state.
For the purposes of the Act, the term "trafficks" is broadly defined; for example, the commission of an offence does not require cross border movement or illegal entry into the State. It includes recruitment; taking a person into one's custody, care or charge; and providing the person with accommodation or employment. Officials in my Department will shortly be submitting to me a report providing an analysis of whether the Criminal Law (Human Trafficking) Act 2008 is sufficient to cover all circumstances in which forced labour could occur and I will be considering this Report in the near future.
I am informed by the Minister for Jobs, Enterprise and Innovation that, normally, an au pair arrangement is a private, voluntary arrangement between the parties concerned - a private household or sponsor family and a private individual – on the basis of a shared understanding. Although circumstances can differ from case to case, an “au pair” is assumed not to be an employee because there is no contract of employment between the householder and the person in question. If a contract of employment does exist then this places the arrangement on a different footing. In general, where people have concerns that employees may be exploited or receiving less than their statutory entitlement the matter should be reported to the National Employment Rights Authority for investigation. A Code of Practice for Persons Employed in Other People’s Homes was developed by the Labour Relations Commission under the Industrial Relations Act 1990 and promulgated in 2007. The Code sets out certain employment rights and practices for persons employed in other people’s homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question. In addition to this code of practice which applies specifically to live-in employees, it is important to note that domestic workers are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland. In addition, the National Employment Rights Authority has carried out a programme of inspections involving domestic workers as well as continuing to respond to any complaints it receives from domestic workers.