Vol. 529 No. 4
35 Mr. Naughten asked the Tánaiste and Minister for Enterprise, Trade and Employment the actions she is taking to ensure that current legislation and regulations are applied equally to foreign workers and Irish employees; and if she will make a statement on the matter. [2003/01]
A fundamental tenet of my Department's approach to employment rights is that the statutory rights and entitlements of all who work in Ireland will continue to be assured and enforced and that effective mechanisms by which they can vindicate their legal rights will be provided. This principle holds good for all workers, irrespective of their nationality, and it lies at the heart of my Department's policy and approach in regard to the enforcement of employment rights in the workplace.
Therefore, I unreservedly condemn any abuses of such statutory employment rights and protections to which immigrant workers may have been subjected by a number of unscrupulous Irish employers and employment agencies. These abuses typically involve the reneging on the pay terms and other working conditions offered to an immigrant worker before departure from his or her home country and his or her subjection while in employment in Ireland to excessive working hours, illegal deductions, for example, excessive accommodation fees, and non-payment of overtime, Sunday, holiday or public holiday pay among other things. My labour inspectorate, in conducting its enforcement responsibilities under labour legislation, operates objectively, fairly, impartially and without any differentiation with respect to nationality.
With a view to regularising any abusive treatment of immigrant workers already in employment here and to stamping out the practice of switching employment contract terms, that is, as between that offered before the immigrant worker leaves his or her home country and that presented on arrival in Ireland, my Department is taking a number of specific initiatives as follows: administrative co-operation with regulatory authorities in other countries is being examined as a means to control extortionate fee charging by employment agencies which facilitate the placement of foreign workers in Ireland; a fundamental review of the Employment Agency Act of 1971 is under way to determine the nature and scope of regulatory control appropriate to modern practices in the employment agency business; the administrative procedures are being examined to better protect employment rights of the immigrant workers concerned; the labour inspectorate business plan for the current year has as a key task a specific and targeted enforcement campaign in employments hiring foreign workers as well as sectors where such workers are employed.
Additional informationThe labour inspectorate is engaged in a systematic investigation of recent reports alleging abuses affecting foreign nursing and hotel or catering sector staff, and relevant employers and employment agencies are being pursued in this process with a view to prosecutions; and it is intended that, as soon as is practicable, applications for work permits will be accompanied by an explanatory document setting out the essential elements of Irish employment rights legislation and protections for workers. This material will be presented in various languages.
That is a very extensive answer from the Minister of State. Does he agree the only way employers and employment agencies will change their ways is if investigations are conducted and prosecutions take place? Is the Minister of State aware of media reports that eastern Europeans are being paid less than the minimum wage in a company in the midlands, that a Filipino national was threatened with deportation because she worked a day and night shift for 18 hours without any meal breaks and that six nurses coming here had their contracts changed on arrival? Has the Minister of State's Department initiated investigations into these and what progress has taken place?
A report of greater concern in the same media article was of an Irish-based agent who is an employee of a semi-State company and who charges a 10% fee on individual Romanian salaries. Sixty are under such a contract. Is the Minister of State aware of this and what investigations are taking place?
I assure the Deputy that I am aware of many of the issues to which he referred and my Department is actively involved in investigating many of these claims. I am concerned about the type of information emerging because I am sure all in the Chamber agree that immigrant workers are needed for our economy to remain competitive. That said, we also need a just and humane immigration policy, a humanitarian approach to the type of issues raised and to ensure employment rights for all workers. We have statements from workers, employers and agencies. The Deputy mentioned particular sectors in which there are problems. Files are being prepared for the Office of the Chief State Solicitor. If there are breaches of legislation, there will be prosecutions, but, having looked at this area, the key is the establishment of a link between agencies and employers here and agencies in the countries of origin of foreign workers. It is a new area for us to deal with, but we have to stamp out abuses and we are determined to do so. There are two other specific areas with which we are dealing across a wide range of possibilities.
The Minister of State said that there is a need for a humane immigration policy. What progress has been made in the departmental investigations into the sale of work permits for £6,000? It is claimed that the group of businessmen involved has secured dozens of work permits. This is a fundamental issue which questions the integrity of the whole Department. Work permits are being obtained and sold for £6,000 to immigrants.
Time is up. We must proceed to Question No. 36.
I raised previously the issue of Filipino nationals coming to this country. Has an investigation taken place and, if so, what are its conclusions?
We must proceed to the next question. There are strict time limits.
Some of the issues raised by the Deputy are the subject of other questions. The findings of all the investigations taking place will come into the public domain. If the Deputy wishes to raise specific issues, I encourage him and other Deputies to raise them with my Department.
A sum of £6,000 is being paid for work permits.
