Arthur Morgan (Louth, Sinn Fein)

I would like to share time with Deputies Connolly, Finian McGrath and Eamon Ryan.

Sinn Féin welcomes the fact that this legislation puts current regulations on a statutory footing, that workers will receive copies of their work permits and the provisions that address exploitative practices on the part of employers.

However, the Bill is more notable for what it fails to do than for what it does. It will bring very little improvement to the lot of migrant workers or change to the current system. It is profoundly disappointing because it is not underpinned by a desire to improve the situation of migrant workers who have contributed so much to society and the economy. I am disappointed that a Minister who, by this stage, must be fully aware of the extent to which such workers are vulnerable to exploitation resulting from the current system has chosen to do so little to resolve or address that situation.

Some of the most common complaints that arise regarding the treatment of migrant workers by employers are employees not being given work contracts, statutory breaks, wage slips, days off in lieu of bank holidays worked or the correct minimum wage entitlement. Often their work permits are not renewed by employers, although they claim to employees that they are in the process of doing so. Other cases have included passports being confiscated and workers being paid less than their Irish counterparts. There have been allegations that workers have been asked to sign contracts obliging them to live exclusively in accommodation provided by their employers. Other issues encountered by the Immigrant Council of Ireland include non-payment of holiday pay, instant dismissal for being sick or having an accident in the workplace, no additional pay for weekend work and even passing on the cost of obtaining the work permit to the employee.

The provisions in section 22 prohibiting deduction of remuneration and the retention of personal documents are welcome. I hope additional restrictions will be put in place in terms of some type of punitive action against wayward employers who seek to flout these regulations. They will be completely worthless unless they are enforced. It is open to question whether this can be done adequately given the low number of labour inspectors. Resources must be made available to ensure the full enforcement of these provisions.

The current system makes it difficult for exploited workers to come forward with complaints against exploitative employers. It is clear the proposals related to higher skilled workers involve little change to the current system. The new system will provide no permanency and does not constitute a green card system akin to that in operation in the United States. My colleague, Deputy Ó Caoláin, will deal with this issue in greater detail in his contribution.

The work permit system as it stands facilitates employers in exploiting migrant workers. The employer applies for and, heretofore, holds the work permit, restricting the ability of workers to leave exploitative employment. These workers are in a most vulnerable situation. Many do not speak English and most are away from their families whom they may be supporting through remittances. They may be afraid of losing their jobs and being thrown onto the street, so to speak, if they make a complaint. Moreover, they know they will not get another job because the work permit is the property of their current employer. The only legislative change in this regard is that, although it will continue to be employers who must apply for work permits, they will be issued and held by workers, with copies provided to employers.

Only those workers who qualify for the two-year so-called green card will be allowed to apply for their own work permit. This restriction has been severely criticised by those groups that deal daily with the exploitation of migrant workers. For example, the Immigrant Council of Ireland has voiced its concern that this does not "provide the worker with ownership of their own labour and, as a result, concerns about workers being at risk of exploitation still remain". Under the terms of this Bill, employment permits will continue to be issued for only 12 months in cases other than those under the so-called green card system.

Many cases have been reported where employers have forgotten or not even bothered to renew work permits. Such actions by employers undermine the legal status of migrant workers. In many of the cases that have come to light, employers have not told workers that their permits have not been renewed. The worker eventually discovers that the permit has expired and that he or she faces deportation. Issuing all employment permits for a period of two years would go some way to addressing these difficulties and would give both the employee and employer a sense of security that is absent when the former must renew his or her permit on an annual basis.

We need migrant workers to continue to make a significant contribution to our economy and society. If it is the policy of the State to promote economic migration, we must ensure those migrants are treated equally and are given the rights and entitlements necessary to live a normal life. Most important among these is the right to have one's family nearby. This Bill will change little in regard to family reunification and nothing for those with ordinary employment permits. Migrant workers are not mere cogs in an economy but human beings who make a major contribution to the State. They should not be subjected to the hardship of being separated from their families. If we want workers to migrate to Ireland, we must show that we value their contribution by addressing the issue of family reunification as a matter of great urgency.

My party is clear about the entitlements we want to see delivered for migrant workers. Work permits must be applied for, issued to and held by the employee rather than the employer, thus enabling workers to change employers and to walk away from exploitative treatment. Also required are the ratification by the State of the UN convention on the rights of migrant workers and their families and the codification of a common set of core rights and entitlements for migrant workers, including family reunification, the option of permanent residency after a fixed period, and housing, health, welfare and education rights.

Migrant workers must have rights equivalent to those of the host society. Improved information on workplace related rights, available in multilingual format, must be provided. There must be effective enforcement of workplace related rights, with a particular emphasis on spot checks on those employers employing migrant workers. We must provide enhanced protection for migrant workers and other immigrants against racism, including a focus on combatting discrimination, assaults, incitement and abuse.

None of these matters has been adequately dealt with in the Bill. It is most unfortunate that the opportunity has not been taken to address these important issues given the absolute dependence of our economy on migrant workers. I will address some of them on Committee Stage and I hope some of the proposed amendments will be accepted.

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