Tony Killeen (Clare, Fianna Fail)

In the case of a non-EEA national who becomes unemployed but who has been granted permission to remain in the State until a particular date by a Garda registration officer on foot of a work permit, he or she is considered to be legally resident in the State up to the expiry date on the visa, even if he or she has lost his or her employment prior to that date. Subject to satisfying all the statutory conditions for entitlement to payment, a non-EEA national who is legally resident in the State under these circumstances may receive payment of unemployment benefit or assistance up to but not beyond the expiry date on the visa. The supplementary welfare allowance scheme is the safety net within the overall social welfare system in that, subject to qualifying conditions, it provides assistance to any person in the State whose means are insufficient to meet their needs and those of their dependants.

The Employment Permits Bill clearly sets out in legislation the procedures relating to the application, grant and refusal of work permits. It allows for the introduction of a green card type system for highly skilled migrant workers, and for the means to establish the number of employment permits in total and by sector and to identify the skills and employment categories in respect of which employment permits may be granted. It will grant the work permit to the employee rather than the employer. However, for reasons of traceability and the enforcement of employees' rights, the practice of the employer applying for the permit will continue. The employment permit will contain a statement of the rights and entitlements of the migrant worker, including that the employee may change employment through the application for another work permit by a new employer. This will provide migrant workers with greater freedom and flexibility.

The Bill prohibits employers from deducting recruitment expenses from remuneration and from retaining workers' personal documents. It introduces significant penalties for breaches of the legislation, comprising fines to a maximum of €50,000 or terms of imprisonment not exceeding five years. These provisions give additional protections to migrant workers beyond those already in existing employment rights legislation.

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