Pat Breen (Clare, Fine Gael)

Prior to the Private Members' motion, I spoke for a few minutes last night on this important Bill. I was talking of the reversal we have seen and the phenomenon of immigration. We now have net immigration. Some 137,000 migrants now work in Ireland, representing 7% of our labour force. Over the period 2000 to 2005, more than 100,000 people from outside the European Union came to Ireland for employment purposes. This is in addition to the substantial number of EU nationals who have also come here over the past few years. Some 90,000 people applied for PPS numbers since 1 May 2004.

It must therefore be acknowledged that migrant workers have played a vital role in Ireland's economic prosperity. Our future expansion is dependent on the availability of labour force. Forfás recently concluded that 420,000 new workers will be required by 2010 and that apart from immigration, other sources of additional labour are reducing resulting in a requirement for significant immigration levels.

This is particularly relevant taking into consideration Ireland's demographics. Like many European countries, Ireland has an ageing population, a rising dependency ratio, a shrinking indigenous workforce and changing employment and work patterns. This contributes to the context where migrant labour is essential to sustain economic and social development.

Our former party leader John Bruton, now head of the European Commission delegation in Washington, was recently quoted as saying that the economic stagnation of Japan, which does not allow for immigration, contrasts with the dynamism of the US, which has a long history of reaching out to immigrants.

It surprises me that Ministers in the current Government are taking such a cautious approach to this Bill. They are of an age to remember when emigration from Ireland was a serious issue and when the progressive policies of host countries took some of the pressure off Irish dole queues, saving the Exchequer much-needed funds. I remember when I was in primary school. There were 12 or 14 of us in sixth class, of whom some seven or eight went to England. Many of them stayed there working and did very well for themselves. They were received quite well. Some returned home later.

We now see the plight of Irish emigrants in America. Their situation requires some regularisation. Some of the previous speakers, including Deputies Connaughton and Deenihan, raised this issue yesterday. Deputy Connaughton headed a group of Fine Gael Deputies who travelled to the US — as did some Deputies on the Government side — to see if they could help regularise the situation whereby many Irish in the US are living in fear, particularly since 11 September 2001. They cannot return home to family celebrations, weddings and so on. People from my parish have been unable to return for the funerals of their mothers and fathers. I hope the Kennedy-McCain Bill will deal with that issue so that the Irish who live in America can do so in peace.

Given that some members of the present Government, or people related to them, worked in other jurisdictions where work permits were required, it is surprising that a more enlightened approach was not taken in drafting this Bill. The legislation does not allow for a green card system, as mentioned yesterday, although it is being flagged as such. It is far from that. A green card system provides for an economic route to becoming a full citizen of the US. The Bill provides for an open-ended work permit and it is unfortunate that we use the green card reference in the legislation.

We all remember the Minister, Deputy O'Donoghue, when he was the Minister for Justice, Equality and Law Reform, using the term "zero tolerance" to describe his approach to crime prevention. Importing such phrases from the US and then stripping them of meaning is not helpful in these situations. I remind the Minister that green cards were promoted by friends of Ireland such as the former US Congressman, Bruce Morrison, who has done so much for the illegal Irish in America and has countered the green card "spin" put on current matters. In June, Bruce Morrison said he did not want to see Ireland using the term "green card" when it means a work permit.

The proposed green card system would be more appropriately termed a red card system because it stops people getting Irish citizenship by putting obstacles in the way. It has been suggested that an apartheid-type system would be introduced in which those earning more than €55,000 would be eligible for this so-called green card. This is a shocking basis on which to differentiate between people. It brings to mind the discredited and shameful passports for investment scheme which only officially ended recently.

There are two schemes — the work permit scheme and the work visa scheme. Under the latter the Government advertises for skilled workers to come here, particularly people in the medical professions. These people can bring their spouses but those on the work permit scheme cannot. Few people in that scheme earn €55,000 per annum or more so this should be addressed. It is not just the amount that is involved, which is far removed from the average industrial wage, but the use of salary scales is dangerous.

I am disappointed with other parts of the Bill and the attempts to regularise the chaotic situation that exists with work permits and work visas. The Bill does not go far enough to provide an equitable system of immigration which gives due rights to immigrants. There is a begrudging attitude towards family life. In some circles, the migrant is seen as an economic quick fix. The Bill should refer to the rights of spouses and of other family members to visit or reside here. The migrant is stripped of all social context in this regard. If the idea is to attract skilled workers into the country to drive the economy and to be an engine for growth, the Bill in its current form will fail. Many of the economic migrant workers will vote with their feet and will probably look elsewhere for work when they feel the chill wind of this Bill.

A huge number of workers will be needed in this country in the next few years. Deputy Hogan said yesterday that the Republic's population is expected to jump from the current level of 4 million to 5.5 million by 2030. Projected births will average 63,300 annually and deaths will average 32,400 leading to an annual increase in population of only 30,900. That is the reason migrant workers will be badly needed. It also appears that workers on higher incomes will have more rights and entitlements while workers on low incomes will continue to find themselves vulnerable. All, however, will find it difficult to have family members join them or to freely move around and search for better employment and greater security of residence.

The allowing of employers to retain control over permit applications is an unwelcome aspect of the Bill, it must be re-examined. A minority of employers will be able to use the annual permit renewal system as a means of controlling the employee. Others will be frustrated with the bureaucracy of annually re-applying for work permits.

Under the Minister's proposals, a worker can ask another employer to seek a permit for him or her. That could not happen previously when the original employer held the permit. However, that employer can seek a reference from the former employer and if the former employer does not like the migrant worker, he can prevent the worker from getting that job. That is worrying too.

The situation can be reversed. Recently, two employers came to me about this issue. One was in the catering sector, where many of the migrant workers are employed. He had an employee who was very good and he was anxious to retain her. He advertised in FÁS and did the usual things in an effort to get the permit. He could not get anybody but the Department refused a permit and, as a result, that migrant worker lost her job. The other situation involved a specialist karate club in my constituency. An expert in karate and martial arts, who was American, could not get a permit because the Department said he was not an expert and told the employer to recruit an expert in this country.

Overall, the legislation is a recipe for a black economy of unregistered migrant workers working illegally, with all the social misery and exploitation this creates. The Minister should be aware that many illegal workers in the State once operated within the permit system before falling foul of it. I am not confident the Bill's provisions will plug the gaps in the existing permit system.

There are provisions in the Bill which are welcome, particularly the protections for migrant workers which prohibit employers from deducting expenses associated with recruitment from the employee's wages and from retaining the personal documents of the employee. The Minister said this will offer greater protection and mobility to the employee. However, the Bill offers no protection in terms of becoming undocumented as a migrant worker in Ireland, with little mobility in accessing employment. The inflexible nature of the current work permit system has constantly been cited as a reason for migrant workers falling out of the system and becoming undocumented.

Much of the Bill is welcome but there are provisions which are short sighted in scope and unrealistic in application. There are no proposals in the Bill as to how penalties will be implemented or enforced. As usual, lip service is paid to this activity but there is nothing on the ground. There are not enough relevant inspectorates. That area is under resourced. The aspiration is not to rock the boat too much.

Yesterday, Deputy Hogan referred to the Polish edition of Newsweek. Poles are EU citizens so their circumstances are different but the magazine reported that Ireland was a living hell for many of them. They arrive here expecting to be able to choose jobs instead of finding themselves sleeping rough and living on charity. According to the Polish Embassy there are approximately 10,000 Poles living here.

On Committee Stage the Minister should take a flexible approach to the concerns raised by the Opposition. Otherwise, whatever merit the Bill has will be lost and it will only be effective in keeping people away from this country or shunting them into the black economy rather than achieving the opposite. I welcome the opportunity to speak on the Bill and I hope the Minister will deal with the Opposition's concerns on Committee Stage.

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