asked the Minister for Labour if his attention has been drawn to reports of the difficulties encountered by Irish persons, recruited as au pairs to work in the United States, who on some occasions have been forced to work unreasonably long hours for very small amounts of money, and have in some cases had their passports confiscated by employers; if he intends to strengthen the regulations regarding recruitment of persons in this country to work abroad as au pairs; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Emigrants' Working Conditions.
11.
I am aware of reports concerning difficulties experienced by young people who have gone to the US as au pairs.
Since assuming office I have repeatedly advised young people who may be contemplating seeking work experience abroad to get information and advice about how to avoid risks before deciding to travel. Towards that end I arranged for FÁS, of which the former National Manpower Service is now part, to publish a booklet entitled Working Abroad which contains a list of suggestions about how to avoid pitfalls. The most important advice I would give to any young person contemplating emigrating is to use the information, advice and counselling service which I introduced last year and which is available in any FÁS office.
Many young people who travel abroad to take up positions as au pairs do so on the basis of personal arrangements between themselves and the host family who may have advertised for an au pair. My advice to them is to get as much information as possible on the host family from a reliable source such as a relative or friend beforehand. In the case of agencies and organisations who arrange the placement of au pairs with families in the US, I would urge that anyone considering going to the US should ensure that the agency is reputable and the conditions offered are satisfactory.
I would also stress the importance of having a valid visa before entering the United States. Young persons who do not hold the necessary visa for the activities they wish to engage in put themselves unnecessarily at risk of exploitation. The enactment of the Immigration Reform and Control Act, 1986, makes it possible for the US authorities to take legal action against employers of staff not legally entitled to work in the US.
The Employment Agencies Act, 1971, governs the activities of agencies which seek, on behalf of others, persons who will give or accept employment. Au pairs are not generally regarded as employees and, on that basis, their placement, either here or in the US, does not come within the scope of the Act. The concern about recent experiences of Irish nationals in the US is being taken into account in a review of the Act.
I thank the Minister for his detailed reply. Is he aware of any prosecutions taken against any persons in the United States who have seized young people's passports? I refer to those who have gone to work as au pairs. How many cases have been brought to the attention of his Department where young people who have gone to work as au pairs in the United States have had their passports seized, have not been paid the amount agreed before they went and have also had their return tickets seized?
Generally speaking, the responsibility for dealing with problems in this area rests with the Department of Foreign Affairs. I do not have precise details of prosecutions but I will ask the Minister to send any information of this nature to the Deputy. Where problems arise with Irish citizens working in the United States, they should contact the consul service who will take immediate action to deal with any problems.
The Minister must be aware that one of the major problems in regard to people working in the United States as au pairs is that they do not normally have their correct visa. They are very much in fear when their passport is seized and threatened with being reported to the authorities as they do not know their rights. Is there any international convention or protocol on au pairs and the conditions under which they should be treated by the host country? If so, is Ireland a signatory to such a convention or protocol?
From the information at my disposal there does not appear to be any such protocol in that area. Let me repeat what I have said already in reply to another supplementary question from Deputy De Rossa, I will endeavour to get whatever information the Minister has available to him and supply it to the Deputy. As I have already pointed out, the Deputy should really address his questions to the Minister for Foreign Affairs as it is he who is responsible for dealing with the problems of Irish citizens abroad.
In view of the fact that most of the cases which have been brought to my attention in this regard have arisen out of advertisements appearing in the newspapers, particularly the national newspapers, would the Department consider placing on a regular basis advertisements in the employment columns of these newspapers warning young people of the risks involved and what they would need to do before going abroad to work as au pairs?
The best possible advice which we could give at this stage is that young people who are interested in going to the United States to work as au pairs should avail of the advice being provided by FÁS. Such advice is available through all their regional offices. The best possible advice which we could give is that young people before going abroad should first get all of the information available from FÁS and cross-check through some reliable source the families they propose to work for to ensure that they are reliable and that they are not going to be walked into any undesirable situations.
The Minister referred to the employment agency legislation and indicated it was only applicable to a very limited extent, or perhaps not applicable. Let me ask him two supplementary questions in that respect. First of all, the Minister indicated that that legislation is under review. What stage is that review at and when might it be concluded? Secondly, would the Department pursue the extent to which the legislation as it exists could be used, because as far as I can recollect when a complaint was raised in the House by Deputy De Rossa on a previous occasion some years ago it was indicated that it was possible to deal with a particular agency which was causing concern under that legislation?
As I have said, au pairs are not generally regarded as being employees and are not covered under the Employment Agency Act, 1971, which I indicated is currently under review. I am not aware what stage that review is at now or when that review is likely to be completed, but pending the outcome of that review and in view of the fact that there are some reports of au pairs finding themselves in difficulty in the United States and other places, the best possible advice which the Department could give at this stage is that, before a person goes abroad to work in such a position, they get all of the information available and avail of the services being provided — only provided in the last year or so — and that they cross-check before they travel with some reliable source in the United States or elsewhere the families which they intend to work for.