Dáil Éireann díospóireacht -
Tuesday, 5 Nov 2002

Vol. 556 No. 3

Written Answers. - Work Permits.

Bernard J. Durkan

Ceist:

171 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself that adequate safeguards exist to protect the rights and entitlements of immigrant workers; if her attention has been drawn to the recent reports in this area; the corrective measures required; and if she will make a statement on the matter. [20583/02]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. F. Fahey)

The labour inspectorate of this Department is responsible for monitoring the employment conditions of the various categories of all 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-public holiday pay, etc. In the event that evidence of non-compliance with employment rights legislation is found the inspectorate will seek redress for the 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.

In 2001 the inspectorate undertook just under 6,500 inspections and ensured the payment of almost €520,000 in arrears of wages to employees. Also, in 2001, the inspectorate referred 31 cases to the Chief State Solicitor's office for prosecution. Of these, 26 cases were successfully concluded leading to 17 convictions and fines including, in most instances, the awarding of expenses and costs. So far this year the inspectorate has undertaken in excess of 4,500 inspections 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 Furthermore, 15 cases have been referred for legal proceedings leading to 13 convictions while two cases were withdrawn.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 online early next year and will be the result of considerable investment by my Department over the last two years (approximately €750,00 when completed) and will provide the technological support to enable Inspectors 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.

It is important to note that our employment rights legislation, which establishes the statutory rights applicable to workers whether part-time or full-time, high or low skill, is applicable to all people working Ireland. The legislation makes no distinction whatsoever 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 legislation applies to immigrant workers in exactly the same manner as it does to native Irish workers. For the avoidance of doubt, statutory effect to this grounding principle was recently established in section 21 of the Protection of Employees (Part-Time Work) Act, 2001.

In the area of work permits specifically, you will be aware that 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 a requirement. 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 place 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.

I am aware of reports regarding the mistreatment of certain non-nationals placed in employment here on foot of work permit applications and I totally condemn such abuses of the workers concerned. That small number of employers who engage in these practices are on notice that they will not succeed in ignoring their statutory obligations to any employee. Moreover, this minority of employers have to 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 work permits granted to date in 2002 are renewals, is indicative of a growing level of stability and satisfaction in employeremployee relationships in this area and evidence that it is a limited number of employers that fall into the 'undesirable' category.

Bernard J. Durkan

Ceist:

172 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of work permits applied for and approved or rejected on a monthly basis in the past two years; and if she will make a statement on the matter. [20584/02]

Tánaiste and Minister for Enterprise, Trade and Employment (Ms Harney)

The number of work permits applied for which have been issued, refused or withdrawn in respect of 2001 and to end of October 2002 are set out in the following table:

Month	Issued	Refused	Withdrawn
Jan-01	2,148	41	79
Feb-01	2,928	39	70
Mar-01	3,172	78	77
Apr-01	3,111	99	115
May-01	2,840	67	130
Jun-01	2,736	30	95
Jul-01	3,667	48	112
Aug-01	3,224	67	120
Sep-01	2,984	63	86
Oct-01	3,800	72	126
Nov-01	3,867	85	175
Dec-01	1,959	49	76
Total	36,436	738	1,261

Month	Issued	Refused	Withdrawn
Jan-02	2,602	85	234
Feb-02	3,462	87	163
Mar-02	3,725	119	79
Apr-02	3,604	101	142
May-02	3,116	106	90
Jun-02	3,148	83	86
Jul-02	4,034	109	149
Aug-02	4,122	179	301
Sep-02	3,467	103	104
Oct-02	3,622	219	99
Total	34,902	1,191	1,447