Micheál Martin (Cork South Central, Fianna Fail)

The issue of whether the employer or the employee should hold the work permit is constantly raised as if it somehow would become a check on any exploitation which might occur. Implicit in that belief is that by holding the work permits, employees would be able to change employment and avoid exploitation.

At present a work permit is given in respect of particular employment with a particular employer. Experience from the work permits system and the work authorisation scheme suggest the existing system is very easy to administer in so far as it attached to the employer. When allegations of wrongdoing or abuse are made, there is a register in place. If a non-EEA national entering the State on a work permit or under the work authorisation scheme changes employment, will there be a record of employment and so forth in respect of that person? I am disposed to greater freedoms and protections for employees coming here. This legislation will have stronger statutory protections for employees. However, if we move to that system, I want to ensure we do not create a new potential for exploitation and abuse. Currently we have a hold on the employer. If employers engage in unacceptable behaviour and if their behaviour causes difficulties, we can refuse to give them work permits in the future.

Deputy Joe Higgins raised an issue in the House approximately two weeks ago relating to a specific contract. The company concerned, which was a non-EEA company, won a specific contract from the State and work permits were issued in respect of that contract and no other. No evidence had been brought to the attention of the Department or the labour inspectorate prior to the case being raised in the House. The case is now being followed up and I think the Deputy has supplied some information. We need to be clear that evidence is the key for the labour inspectorate.

The Minister of State, Deputy Killeen, has direct responsibility for labour and we want to protect workers of all races and creeds. Maltreatment of workers, irrespective of race or creed, is unacceptable.

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