Jimmy Devins (Sligo-Leitrim, Fianna Fail)

This Bill is important and timely because of the huge changes that have occurred in Irish society during the past ten to 15 years. Ireland has moved from being a country which has experienced years of emigration to being a country which now has net immigration. Most who had to emigrate had no choice, it was down to hard economic facts. To survive people had to leave Ireland.

It is amazing how easily and how quickly that harsh economic fact can be forgotten. In the 1950s, 1960s, 1970s and into the 1980s a large proportion of young people of Ireland had no choice but to leave and work abroad. Counties Sligo and Leitrim were hit as badly as any others. We suffered not only from emigration but many of our young people moved to Dublin and the east coast.

Today, however, we have the reverse. As Ireland continues to develop and prosper we have the relatively new phenomenon of immigration. Not only is there net immigration but the numbers coming to Ireland are quite staggering. In the past five years more than 110,000 non-European Economic Area nationals started employment in the State. Non-European Economic Area nationals are those from outside the EU and a few other European countries such as Norway and Switzerland. Last night I noticed quite a number of Swiss nationals in Dublin. I was glad to see them here as tourists but I take this opportunity to wish the Irish team every luck this evening.

The changes in our workforce have resulted in huge challenges in how we operate our employment legislation, hence the need for this Bill. It is important that our policy is consistent and fair to the migrant workers who come to Ireland and to Irish workers and indigenous firms. The right balance is needed and this legislation goes a long way towards achieving that.

Migrant workers can be in a particularly vulnerable position as alluded to by previous speakers. It is important that their experience of working in Ireland is mutually beneficial. Nobody, employer or fellow employee, should be allowed exploit that vulnerability. If it were not for the skills that migrant workers bring to this country the economic success that we have experienced during the past eight to ten years would not have occurred.

The basic philosophy underlying any market policy must be to identify labour and skills shortages and to match those shortages with people who are suitably qualified. This is not a static situation, it is constantly changing as the needs of the country evolve. One day the shortage may be in the construction sector while another day it may be in the services sector. Our legislation must have the ability to respond rapidly and fairly to any changes required.

All the economic indicators show there will continue to be expansion and growth in the economy, hence the number of workers required will continue to increase. The challenge facing us is to ensure that workers with the right skills are available for the appropriate jobs. I welcome the research that has been carried out by the expert group for future skills needs and Forfás which will be finalised shortly. This work is vital in identifying where shortages occur or will occur in the economy and will suggest how those shortages might be tackled and matched by appropriately qualified workers.

Protection of the migrant worker is important. I welcome the fact that employers will be prohibited from deducting any costs from the pay of any worker that may be incurred in recruiting that worker. It also prohibits the retention of personal documents such as passports by the employer.

One of the major intentions of the Bill is to introduce a green card system for highly skilled migrant workers. In my constituency of Sligo-Leitrim, there are many highly skilled workers from outside the EEA working in the health service. I welcome the Bill as it is based on skills which will benefit the economy and also allow new immigrants an opportunity to use their skills to the best of their ability.

However, I wish to draw the Minister's attention to some difficulties which exist for migrant workers. Perhaps with some co-operation between his Department and the Department of Justice, Equality and Law Reform these difficulties might be overcome. Many of the skilled workers who come to Ireland work in the health service. It has been said that were it not for the non-EU doctors, nurses and paramedics much of our health service would stop functioning. This is particularly true for the general hospitals all over the country that are not directly associated with universities or teaching hospitals. These doctors and nurses are in their late 20s, 30s, or early 40s and frequently have families. Unfortunately, it can be difficult for family members to come and visit or stay in the case of immediate family members.

Recently I came across a case of a highly specialised nurse in Sligo General Hospital who was having great difficulty in getting her husband and young daughter into Ireland. The worry of the sister in charge of the unit in which the nurse worked was that this nurse, with specialised skills, would be enticed to work across the water in the United Kingdom where her immediate family would be accommodated and thereby her skills would be lost to our health service. I realise this particular problem lies more in the realm of the Department of Justice, Equality and Law Reform where, I am glad to say, it was eventually resolved. However, better co-operation between Departments would have prevented all the difficulties. In the case of these highly skilled workers for whom we are canvassing abroad, there should be some built-in mechanism to anticipate and resolve these difficulties.

The Bill, when enacted, will allow the Minister to introduce regulations on the qualification criteria by which people will be granted permits. For example, the use of a salary cut-off point has been mentioned for highly skilled workers. I am not too sure that this would be the best criterion on which to operate. It may be that skills or educational qualifications would be a fairer method for determining entitlement to a work permit. Perhaps the Minister might consider that idea in more detail on Committee Stage.

I am aware of the comments of the Immigration Council of Ireland concerning this Bill, which were generally in favour of it. I hope a fuller discussion and teasing out of some of the points to which I have alluded will be possible on Committee Stage, resulting in worthwhile legislation. I congratulate the Minister on bringing this measure before us and I commend the Bill to the House.

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