Mr. Liam Berney:

Congress welcomes the opportunity to provide the committee with its views on the general scheme of the Employment Permits (Consolidation and Amendment) Bill. The proposed legislation was considered by this committee in 2019 and, as part of that process, Congress made a written submission. While much has changed since 2019, the concerns raised in that submission form the basis of my remarks today. If members would like a copy of the submission of 2019, we can provide it to them later.

Before commenting specifically on the proposed legislation, we would question whether this is the appropriate time to be making the proposed changes. When this legislation was first proposed in 2019, there were very low levels of unemployment. However, because of the pandemic and the associated public health restrictions, around 500,000 people are in receipt of the pandemic unemployment payment. This is on top of the number receiving the jobseeker's benefit or jobseeker's allowance. While it is likely that a substantial number of these workers will return to employment following the pandemic, nobody can predict with any certainty how many jobs will be permanently lost. In our view, it would be prudent not to proceed with this legislation until the end of the pandemic, when a clearer picture will have emerged on the numbers of workers who are unemployed.

Turning to the specific proposals in the proposed legislation, it is important to note that migrant workers have played and continue to play a key role in the Irish economy. The key issue for Congress and our affiliated unions concerns the rights migrants have when they come to work in Ireland and how these rights can be vindicated. We have reviewed the proposed legislation from this perspective and we are concerned that some of the proposed changes will further undermine the position of migrant workers in Ireland.

As Dr. McGann stated, the legislation proposes to introduce a seasonal work permit. We regard this as particularly problematic. The problem that arises is ensuring that workers employed on such permits have the appropriate terms and conditions of employment. However, because the work permit will be issued for a short period, the difficulties with enforcement will multiply and the difficulties for workers in securing redress will increase exponentially. It has been argued by some that Ireland is an outlier in the EU by not having seasonal work permits. If alignment with other European countries is to take place, it must be genuine. This involves aligning all labour standards, including the right to collective bargaining.

It is proposed to restructure the labour market test so that it is easier for employers to demonstrate they have sought to fill vacancies within the EU and EEA. It is a fundamental plank of our labour market policy that where employment vacancies arise, they should be advertised domestically in the first instance and then in the EU and EEA. It is only when vacancies cannot be filled from these sources that a work permit can be sought. The changes proposed have the potential to severely undermine this important labour market regulation. It is also proposed that the rules would be no longer prescribed in primary legislation but in regulations and statutory instruments. Providing that primary legislation may be replaced by regulations has the potential to undermine the role of the Oireachtas and, in turn, frustrate public scrutiny.

The introduction of a special circumstances work permit is also proposed. We understand that this new type of work permit would be available in circumstances where a specific niche need has been identified and the normal conditions attaching to the granting of a work permit cannot be fulfilled. It is proposed that the rules for the granting of such work permits be provided for in regulations. We suggest that further scrutiny is required to determine the extent to which there is a need for this type of work permit. If it has been established that there is a genuine need for this, the rules applying to the operation of the scheme should be prescribed in primary legislation.

Congress recognises the valuable role that migrant workers play in our country. They play a crucial role in providing many important public services. During the pandemic, they have been crucial to the functioning of the health service. We are concerned that the proposed legislation seems to be addressing the needs of employers only and is aimed at making it easier for employers to obtain work permits. There are no proposals in the draft legislation to enhance and protect migrant workers or to ensure they are guaranteed their employment rights while working here.

Leaving aside the shortcomings in the proposed Bill and the balancing measures that might be put in place, we question whether it is appropriate to make such fundamental changes to the work permits regime when there is great uncertainty over the state of the labour market and the rates of unemployment we will face when the pandemic is over.

I am happy to take questions. I apologise for the notifications that could be heard on my laptop as I was speaking. I do not know how to turn them off.