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Dáil Éireann díospóireacht -
Tuesday, 5 Nov 2002

Vol. 556 No. 3

Written Answers. - Work Permits.

Ruairí Quinn

Ceist:

74 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to a number of recent statements from trade union leaders suggesting that some employers are grossly exploiting non-EU workers who arrive here on work permits; the steps which are being taken to prevent such exploitation; and if she will make a statement on the matter. [20368/02]

I am aware of statements regarding the mistreatment of certain non-nationals placed in employment here on foot of work permit applications and I condemn the abuses of the workers concerned. I have put the few employers who engage in these practices on notice that I am determined that they will not succeed in ignoring their statutory obligations to any employee. Moreover, this minority of employers must be aware of the effect their actions have on Ireland's international image and the potential negative impact their behaviour has on our capacity to attract investment and necessary skills from abroad. In this regard, however, the fact that 40% of permits granted to date in 2002 are renewals is indicative of a growing level of stability and satisfaction in employer-employee relationships in this area and evidence that it is a limited number of employers that fall into the rogue category.

The Deputy is aware that work permit legislation is planned and is currently with the Office of the Chief Parliamentary Counsel. The legislation will make it an offence for a person to work here without a work permit, when a valid permit is a requirement for that individual, and it will also be an offence for an employer to employ someone in respect of whom a valid work permit is not in existence when such a permit is required. Stringent penalties are envisaged in respect of these offences. In addition, new powers of inspection, search and investigation are proposed. On an ongoing basis a more thorough regime of checking of work permit applications is being implemented, including more cross-referencing of documentation. In the meantime, a policy is in operation whereby the processing of work permit applications for any employer is suspended when the Department becomes aware of any concerns regarding that employer's compliance with the obligations set out in the various employment rights enactments.
The labour inspectorate of my Department is responsible for monitoring the employment conditions of the various categories of workers, including immigrant workers. In this regard, the inspectorate can pursue allegations of workers being subjected to excessive working hours, illegal deductions from pay, non-payment of compensation for Sunday working or of holiday or public holiday pay etc. If evidence of non-compliance with employment rights legislation is found, redress will be sought for individuals who have been mistreated and, if appropriate, a prosecution will be initiated. The inspectorate operates objectively, fairly, impartially and without any differentiation with respect to nationality. It undertook just under 6,500 inspections in 2001 and ensured the payment of almost €520,000 in arrears of wages to employees. It referred 31 cases to the Office of the Chief State Solicitor for prosecution in 2001, of which 26 cases were successfully concluded leading to 17 convictions and fines including, in most instances, the awarding of expenses and costs.
The inspectorate has undertaken more than 4,500 inspections this year, mainly dealing with issues arising from more than 1,000 case files and €325,130 has been obtained in arrears of wages for employees. Furthermore, 15 cases have been referred for legal proceedings leading to 13 convictions while two cases were withdrawn. A major project this year has been the development of a new case management system to support streamlined work procedures. This new IT system will come on-line early next year and will be the result of considerable investment by my Department over two years. It will provide the technological support to enable inspectors to operate more effectively and efficiently in their interactions with employers and employees alike while also improving the interaction with the enforcement side of the process.
I want to take this opportunity to emphasise that our employment rights legislation, which establishes the statutory rights applicable to workers whether part-time or full-time, high or low skill, applies to all people working in Ireland. The legislation makes no distinction whatever between the rights of foreign workers and any other workers and as such, all workers in Ireland, without exception, are entitled to the same statutory employment rights and protections. In other words, Irish employment rights apply to immigrant workers in exactly the same manner they do to native Irish workers. Statutory effect to this grounding principle was recently established in section 21 of the Protection of Employees (Part-Time Work) Act, 2001.
Questions Nos. 75 and 76 answered with Question No. 71.
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