Seanad debates

Wednesday, 9 July 2014

Employment Permits (Amendment) Bill 2014: Second Stage

 

1:00 pm

Photo of Kathryn ReillyKathryn Reilly (Sinn Fein) | Oireachtas source

I welcome the Minister to the House. Sinn Féin wholeheartedly supports this important Bill. I, too, commend the work done by Senator Quinn on this issue and in highlighting the case at the centre of the legislation. As Senators will be aware, in 2012, Mr. Justice Hogan found that existing employment permits legislation left undocumented migrant employees of rogue employers in a precarious position. It is important, therefore, that we recognise again the role of Mr. Muhammad Younis, whose case is at the heart of the legislation. The Younis case and similar cases should not have come as a revelation because the Migrant Rights Centre had been highlighting the relevant loophole in the legislation since 2006. That said, the measures being taken by the Minister are welcome.

The American Chamber of Commerce Ireland has also welcomed the provisions of the Bill. Broadening the eligibility for highly skilled occupations will boost companies with a heavy reliance on niche skill sets, including fluency in less common languages. Accelerating recruitment processes by reducing bureaucracy and enabling senior executives to be based in Ireland for the initial stages of a start-up will aid foreign direct investment. Introducing such flexibility in the system makes sense.

The Bill will be welcomed by advocacy groups, particularly as it relates to employment permits and, in exceptional circumstances, to carers and medical professionals caring for people with severe medical conditions or where a person has developed a high level of dependence on a migrant worker.

As discussed, we would like a provision to be introduced to provide for the waiving of fees in cases of hardship involving applicants who are seeking to renew permits but cannot afford the fee. The Migrant Rights Centre has highlighted the cost of obtaining a work permit, as has the European Committee of Social Rights which considers the fees charged to be excessive.

While I do not wish to go over some of the ground covered by previous speakers, I will briefly add to Senator van Turnhout's comments on the working environment for au pairs and their rights in this country. Traditionally, au pairs were young people who took part in a cultural or language exchange programme for a limited period. Increasingly, however, they are being recruited as carers of children, the elderly and people with disabilities or for domestic work. While protected under existing employment legislation, most au pairs are not aware of the rights afforded to them and most employers are not aware of their responsibilities to them. Au pairs are a sizeable group of highly vulnerable workers that is being increasingly exploited. These workers are paid below the minimum wage and do not receive basic entitlements. In recent years, demand for au pairs has increased as working families find it difficult to pay for child care. While the code of practice for protecting persons employed in other people's homes was introduced and placed on a statutory footing on 2007, I am not certain it is being enforced. Moreover, it does not provide in full for the experience of au pairs.

Anomalies arise in the labour market and these irregularities must not be allowed to go unchallenged and unchecked. Sinn Féin supports the call by the Migrant Rights Centre for an immediate and co-ordinated response to ensure the employment rights of workers are upheld and enforced, with a particular emphasis on recruitment agencies and direct employees. In saying this, I welcome the legislation and congratulate the Minister and Senator Quinn on their work in producing it.

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