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Dáil Éireann díospóireacht -
Tuesday, 8 May 2001

Vol. 535 No. 4

Adjournment Debate. - Immigrant Workers.

I am pleased to have the opportunity to raise this important matter, about which there has been a number of reports. This issue requires Government action of a type we have not seen to date. The plight of non-national workers is giving rise to much concern. In light of our current deficit of workers and the fact that the Tánaiste reckons we will need tens of thousands of non-national workers over the next couple of years if we are to fulfil our labour requirement, there is a greater onus on us to ensure that the workers who come to work in this country with valid permits and passports are treated in the same way as national workers.

It is deplorable that the Government invites workers from abroad to come to this country to take up employment but then does not offer an adequate programme of protection once they arrive in the State. It is clear that there is systematic exploitation over a wide range of sectors. It is important that we get a proper assessment of the problem with a view to rectifying it.

The work permit arrangement must be subjected to review to stop unscrupulous employers and employment agencies from engaging in direct exploitation and extortion where immigrant workers are concerned. Enforcement of the domestic regulations which apply to workers is dependent on a complement of 17 inspectors to police them. That is hardly sufficient and requires considerable improvement. The problem is particularly acute in the hotel and catering sector as well as in the meat industry and agri-related outdoor activities. Numerous cases of exploitation of foreign nursing staff have been highlighted recently.

This represents the tip of the iceberg. The most common complaints include long hours, no overtime pay, lack of information, working Sundays and weekends for no extra pay and general insecurity as far as rights and terms and conditions of employment are concerned. This results in a certain amount of fear and anxiety on the part of hundreds of workers who have come to this country to earn a livelihood and participate in our economic life.

Currently, the work permit means the employee is indentured to a specific employer. The personal nature of the work permit dissuades an exploited employee from making a complaint. That is why the complaints which have come to our notice represent the tip of the iceberg. Many people are fearful of making a complaint lest they suffer deportation from the State. I know of employees who have been told that if they bring a complaint to the authorities, they will be sent home immediately and will not have an opportunity to work any longer in the State. Many non-national workers have come to this country after paying vast sums of money to agencies and middlemen to give them access to the State in the first instance. In many cases they will not give their names and addresses.

The Department must undertake a vigorous campaign to address this matter. I hope prosecutions will be forthcoming in cases which have been brought to the notice of the Department.

I welcome Deputy Flanagan raising this issue this evening. I have taken a personal interest in the matter in recent times given the issues that need to be addressed. Increasingly, employers in Ireland are turning to immigrant workers to fill vacancies that they are unable to fill through Irish or EEA nationals. Generally, an employer is required to apply for a work permit if he or she wishes to employ any person who is not a national of an EU or EEA state. The EEA comprises the European Union together with Norway, Iceland and Liechtenstein.

In the examination of work permit applications, the proposed pay and conditions of employment of immigrant workers are examined to ensure that they comply with the statutory rates of pay or other pay rates as determined from time to time by the joint labour committees of the Labour Court. In addition, the proposed working week must comply with the Working Time Act. The number of work permits issued has increased significantly in the past two years from just over 6,000 in 1999 to more than 18,000 last year, an increase of 300%.

I am aware of media reports in regard to the treatment of certain non-nationals placed in employment here which suggest a total disregard for the employment rights of the people concerned by a number of unscrupulous Irish employers and employment agencies. With regard to today's media reports, my Department is writing to the Consumers Association of Ireland seeking details of their relevant complaints. Any abuses of such statutory employment rights and protections that immigrant workers may have been subjected to are to be unreservedly condemned.

A fundamental tenet of my Department's strategy statement 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 in relation to 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. My labour inspectorate, in conducting its enforcement responsibilities under labour legislation, operates objectively, fairly, impartially and without any differentiation with respect to nationality.

I am determined that we eliminate any abusive treatment of immigrant workers already in employment here and stamp out practices such as employment contract switching, that is, switching the contract offered before the immigrant worker leaves his or her home country to a revised one presented upon their arrival in Ireland. We are taking a number of specific initiatives. The feasibility of 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 immigrant workers in Ireland. A fundamental review of the Employment Agency Act, 1971, is under way to determine the nature and scope of regulatory control appropriate to modern practices in the employment agency business. The work permit administrative procedures are being amended to ensure that the employment rights of the immigrant workers concerned are better protected and to facilitate more effective enforcement.

Employment agencies operating in Ireland must be licensed in accordance with the requirements of the Employment Agency Act, 1971. The Act permits employment agencies to charge placement fees to the employers for whom they source the foreign workers but it precludes them from charging placement fees to the individual workers concerned. The media reports have alleged that agencies both in Ireland and abroad are charging fees to the foreign workers who come here. My labour inspectorate has been and still is investigating these allegations.

It is important to understand that the labour inspectorate is powerless to intervene in cases where employment offers or contracts presented to foreign workers are reneged upon when they arrive in Ireland. This is because no breach of statute law arises in such cases, except to the extent that the contract itself provides for terms or conditions which are illegal under Irish employment legislation, enforcement of a contract of employment being a matter for the civil courts under the common law of contract.

To minimise the opportunity for Irish employers and employment agencies to mislead would-be immigrant workers about their employment conditions, especially in the matter of pay and general employment rights entitlements, certain adjustments are being made to the administrative process. These new processes will require the provision in writing of specific job-related information and conditions to the immigrant worker before he or she leaves his or her home country.

The Minister of State's five minutes are concluded.

Applications for work permits will have to be signed jointly by the employer and the immigrant worker concerned.

Is it possible for me to place the rest of this statement on the record?

I have made a point of asking Ministers to ensure they do not exceed their five minutes because it is not fair to Members on the other side of the House if they are curtailed to five minutes while Ministers are allowed to go on. On this occasion, if the House is agreeable, we will allow the Minister of State to place the remainder of his statement on the record.

I appreciate that. As to the labour inspectorate, I am alert to the necessity to ensure a responsive and efficient inspection service. To this end a business process re-engineering project is under way to review the systems and procedures underlying employment rights information provision and inspection and the resulting follow-through actions. In the past 12 months I have increased the number of inspectors to 17. I appreciate Deputy Flanagan's point about the number of inspectors, but we have increased it.

The labour inspectorate's business plan for the current year has as a key task a specific and targeted enforcement campaign in employment hiring foreign workers as well as sectors where such workers are employed. Plans for the commencement and implementation of that campaign are well advanced.

I ask Deputy Flanagan and any other Member who has evidence of a breach of employment legislation to provide that information to me as a matter of urgency. I will ensure the labour inspectorate investigates it.

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