Dáil debates

Thursday, 13 October 2005

Employment Permits Bill 2005: Second Stage (Resumed).

 

12:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)

Third, there is an absence on the Government side of the House of an immigration policy. We need one and we must recognise, nurture and provide for those who come to this country and whom we should welcome.

Regarding the first issue of not giving the work permit directly to the employee, the Government announced this Bill with much fanfare, saying that it would finally give rights to the employee. However, it does not go far enough since one cannot change one's work or move around without going to the employer. Our criticism for several years has been that the type of work permits being granted can often result in workers being treated as little more than indentured servants. One cannot change jobs without going to one's employer nor can one move around without reference to the Government or to one's employer. Even when one applies in the first place, one must supply details of the place of work, the hours, the pay, the employer and so on all down the line.

I am quite surprised that the Progressive Democrats went along with this since it seems to bring about much more regulation in the area. We need clarity and simplicity, something that party's members have certainly argued for in Government. Frankly, I am surprised that they do not seek a much clearer system. We would like that.

Immigration is not rocket science; it can be managed quite quickly and easily. First, the Minister should decide what kinds of immigrants Ireland needs, examine best practice abroad, and put a system in place that provides for that. One would work out every year, biennially or triennially what kinds of immigrants we want. One would impose a quota, allow people to apply and provide permission to work in Ireland. It is as simple as that. I am concerned that this system will be bureaucratic and difficult to operate and that it will make it difficult for the employee, leaving him or her vulnerable and not providing the kind of clarity that we need in this area.

I know the kinds of people whom we wish to attract. For instance, in nursing, it seems to me from the various Government pronouncements over recent weeks that they will not get a look in and neither will the kinds of manual labourers whom we need because we cannot fill posts. If one is an information technology professional, one might be able to find one's way through the Bill's hoops, but the signals from the Government do not indicate that we will get the kinds of immigrants whom we need to fill the jobs that companies and employers cannot.

We must provide decent working conditions for those who come here. If working conditions change, the employee is stuck in Ireland, hundreds, if not thousands, of miles from home, and is not given the right to move employer. That is not right and must change. The Minister has announced 31 new labour inspectors. We still have more dog licence inspectors. It is not good enough and the Minister must re-prioritise and ensure that employers are scrutinised on compliance with labour regulations.

We hear every day of the week about crazy working conditions and significant abuse of the system. We must send a very clear message to employers that we will monitor working hours and wages and ensure that regulations are honoured. One need only open a newspaper to discover yet more breaches of the law. The labour safety inspectorate recently found that one in eight accidents that occur in the State involved someone from outside Ireland. The figures show that such people are vulnerable. Those are the fellows told to lash up on scaffolding and knock out pipes; an Irishman does not do that. They are vulnerable, in many cases not having insurance or even speaking the language. They are at the beck and call of the employer. This Bill does not address that. We must give employees better rights and ensure that they need not tip their hats to employers. This Bill does not achieve that.

We must also move ahead in honouring international commitments. The United Nations General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families in 1990, yet we have not even ratified it. Signature is one thing, but ratification is what counts. Given that hundreds of thousands of people have come to Ireland, we must ensure that their rights and those of their families are honoured and vindicated. We support an immigration policy underpinned by a human rights approach that respects the minimum standards set out in international law regarding migrant workers. I do not see that coming through strongly enough in the legislation. We must ensure the kinds of people needed in the Irish economy are attracted here.

I am not convinced such changes are being discussed by the Government. There remains a certain reticence in this regard. We must provide for immigration to fill the vacancies that cannot be filled by Irish workers. In addition, we must recognise, regularise and welcome immigrants. It is a significant change and one that is perhaps easier for people of my generation, many of whom have lived and worked abroad, to accept. Many Irish people in their 30s or 40s were obliged to emigrate 15 or 20 years ago and make a new life in Barcelona, Berlin or Boston. They returned with a willingness and openness in terms of working with people of other nationalities. There may be a reluctance in this regard among those who never left Ireland.

I suspect there is a similar reluctance on the part of the Government and it must move beyond its current cautiousness in this area. There is no doubt that there must be careful screening of who can enter and remain in Ireland. However, immigrants who have worked here for four or five years should have a right to residency. This Bill may lead to a situation where we experience the same difficulties as those encountered by Germany in respect of its guest worker system, where people were brought in when times were good but asked to leave, sometimes in a hurry, when times were bad. There is a dangerous resonance there. Migrant workers who contribute to the economy for several years should be allowed to remain, along with their families. We cannot welcome people to the party and then eject them in less prosperous times.

I recognise that the Bill is a practical step forward and I support it in this regard. However, the seminal issue of allowing the employee to work here separately from the employer must be included in the legislation. I look forward to an amendment in this respect.

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