Vol. 470 No. 4
13 Kathleen Lynch asked the Minister for Enterprise and Employment the proposals, if any, he has to review the operation of the Aliens Order, 1946, as amended by the Aliens (Amendment) Order, 1975, with regard to the granting of work permits for non-EU nationals; if he will comment on the recommendations of the inter-departmental committee on non-Irish nationals as they affect his Department; and if he will make a statement on the matter. [19209/96]
The Interdepartmental Committee on Non-Nationals was established by the Government in 1993 to examine all matters relating to non-nationals in the State. This committee was chaired by the Department of Justice and comprised senior officials from the Department of Foreign Affairs and my Department. The committee's first report, which dealt with asylum seekers and refugees, was submitted to Government in November 1993. The second report, which deals with policy and practice relating to admission and residence, has not yet been completed, so I am not in a position to comment on its contents.
However, the work permit policy operated by my Department is currently undergoing a major review. Regular meetings have been taking place at official level between my Department and the Department of Justice which has responsibility for all immigration matters, to discuss the practical implications involved. In addition, my Department has met interested bodies to discuss the practical effects of work permit policy and the possible improvements which could be made. The Deputy may wish to note that the Aliens Orders, 1946 and 1975, are matters for my colleague, the Minister for Justice. However, on completion of the review of the work permit policy I may well consider the possibility of introducing separate legislation in this area.
I hope the final report will be completed in the near future. We need to protect the increasing numbers of Third World workers who are working without permits in this country. Has the Minister considered a form of indemnity to allow these workers, who are being exploited by employers who know they have no work permits and are therefore vulnerable, to expose their working conditions and the unscrupulous nature of their employment?
I have not considered any such proposal. The difficulty in that situation is that the employment is not illegal, but the people involved are illegal residents. If an employer is in breach of LRC minimum wage rates and is exploiting immigrant workers, we could pursue them under legislation. The general policy, as the Deputy knows, is that we do not grant work permits unless it is demonstrated that there are no EU nationals or Irish nationals who could do the job or that the job has been advertised and made open to them. I take note of the Deputy's concern that there may be exploitation of workers. When we approve permits, we are satisfied with the working conditions. Perhaps there is scope for tightening up the way we oversee that.
