Paudge Connolly (Cavan-Monaghan, Independent)

I welcome the opportunity to speak on the Employment Permits Bill 2005, long-promised legislation which has been in gestation for approximately two years. It is welcome notwithstanding this delay. The Bill sets out a comprehensive and clear process for the application, granting and refusal of work permits and will thus serve to streamline the recruitment procedures for migrant workers and provide enhanced safeguards for their rights and interests. It will also provide for the introduction of a green card system for highly skilled migrant workers, similar to that which pertains in other jurisdictions. It will also enable the Minister to establish the number of employment permits in total and by sector and to identify the skills and employment categories for which these permits may be granted. Its function is remarkably similar to that envisaged for the PPARS system in the health system.

It is important to differentiate between a skill shortage and a labour shortage. A skill shortage signifies an insufficient number of trained, qualified individuals in the domestic market to meet the demand for an occupation. Skill shortages arise in occupations associated with particular skills that are usually acquired through education and training. In a labour shortage, on the other hand, there is an insufficient number of individuals willing to take up employment at the prevailing wages and conditions.

The Bill provides for a number of new and important protections for migrant employees. However, I note the absence of any form of grievance procedure or facility for the employee to have recourse to the rights commissioner to resolve grievances. Resources must be put in place to ensure adequate enforcement of the legislation. In this regard, the number of labour inspectors must immediately be doubled. I have called in the past for the number to be increased to 75. Of the existing 31 posts, half remain vacant. If legislation is to be effective there must be the means of ensuring it is enforced.

Statutory provision should also be made for a formal mechanism through which labour inspectors could liaise with the trade union movement. Many individuals arrive in Ireland with poor language skills and even less awareness of their rights and, up to now, have been ripe for exploitation. Many of these individuals possess skills which are insufficiently available among the domestic labour force. I have seen instances where mechanical engineers have had to resort to waitressing because of poor language skills. We all know of migrants working as hairdressers who have extensive qualifications in an unrelated field.

This is not productive or useful for us. Such individuals should have the facility to develop their language skills in line with the technical skills for which there is a considerable need. How do the provisions of this Bill correspond to our asylum process, which must also be streamlined? We should have taken action on that some time ago.

See this speech in context