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Dáil Éireann díospóireacht -
Tuesday, 18 Feb 2003

Vol. 561 No. 4

Written Answers. - Work Permits.

Brendan Howlin

Ceist:

165 Mr. Howlin asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the activities of an employment agency (details supplied) which has been inviting Irish meat companies to recruit butchers from Nepal on the basis that they are shy and do not cause trouble and will be thrilled to earn the national minimum wage; her plans to control or regulate the activities of such agencies, especially in view of the concerns expressed by the trade union movement; and if she will make a statement on the matter. [4436/03]

The activities of the employment agency referred to in the question are currently being investigated within my Department. There is a policy in place in my Department 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. If there is evidence that particular employers are exploiting foreign workers employed under the work permit system, I would ask that it be brought to the attention of the labour inspectorate for investigation and further action.

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including foreign workers employed under the work permit system. Inspectors pursue allegations of worker mistreatment for all the various categories of workers employed in Ireland and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspectorate seek redress for the individuals concerned and, if appropriate, a prosecution is initiated. The Inspectorate operates objectively, fairly, impartially and without any differentiation with respect to worker nationality as statutory employment rights and protections apply to foreign workers employed under the work permit system in exactly the same manner as it does to native Irish or EU workers.

The employment agency sector is currently subject to the licensing provisions of the Employment Agency Act 1971. A review, in consultation with the social partners and others, of the need to adapt the above Act, or the necessity for new legislation, will be initiated before this summer. This review will consider the most appropriate approach to the regulation of agencies and their activities.
However, in order to effect an early update of penalties under the above Act, the opportunity is being availed of in the drafting of the fixed term contracts Bill – which is expected to be published by mid-April 2003 – to provide that the level of fines for operating without an employment agency licence will be increased to €2,000 and a further amount of €1,000 per day for continuing offences.
Question No. 166 answered with Question No. 159.
Question No. 167 answered with Question No. 135.
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