Dáil debates

Thursday, 13 October 2005

Employment Permits Bill 2005: Second Stage (Resumed).

 

1:00 pm

Photo of Damien EnglishDamien English (Meath, Fine Gael)

I am asking these questions, as this area has not been discussed adequately.

The Bill provides that employees will be told of their rights in their contracts. It also provides that the cost of recruitment cannot be deducted from employees' wages. However, details of the contract of employment are not stated clearly. Many non-nationals are not clearly advised what they will be paid. Some are being given accommodation and cars and a certain amount of money each month — I will formally furnish the Minister with information regarding certain companies that do this. Employees do not know how much they should be paid. Given the other benefits, they may be adequately paid but their wages are not clearly set out. This is not satisfactory as it leaves considerable doubt. Employees are often afraid to ask questions or express concern about being paid properly.

The Minister stated that there have been 31 labour inspectors since April. They will only deal with cases brought to their attention by way of accusations and much abuse goes unreported. How should we hunt that down? Do we have sufficient inspectors to follow through on those matters and carry out investigations in employers' premises without their being tipped off beforehand? While increasing the number of staff is of considerable help, I am still not sure if the numbers are sufficient.

The issue of workers with permits bringing the rest of their family here must be tackled. The system is failing and there is considerable confusion. I have come across many of these cases and no clear criteria are set down stating what an employee on a permit needs to have achieved, be earning or have saved in order that he or she can bring his or her family here. Letters refusing such people permission to bring their families often state they are earning insufficient money. They could be earning €15,000 to €20,000, which is more than the amount on which we expect a family on social welfare to survive. The Department of Social and Family Affairs can expect a family to live on a certain amount and yet other Departments believe this is insufficient to provide for a family. Which Department is wrong? Either the Department of Social and Family Affairs is not giving enough or we are asking too much of non-nationals and discriminating against them. This matter needs to be resolved and the Bill is inadequate in addressing how families should be permitted to come. Reference is made to the higher bracket of €60,000 or more as proof of having sufficient money to provide for a family.

Many people are working here in miserable conditions and spend hours on the phone to home, which is not good enough. While I understand there is a fear that the family would become a burden on the State, we need to reconsider the matter and address it. As many of our family members have spent time working abroad we should know how bad it is and we should go out of our way to set an example and make it better. However, we make it hard. It takes numerous applications to get a spouse or family to come here, which is not good enough. It is unfair to introduce a Bill without addressing such matters.

I look forward to the programme of education to be introduced next year. We have discussed those with work permits transferring between jobs. The issue of transferable skills of those who trained in another country must be addressed. People's skills are often outside the control of the Government. We need to consider the matter and see what can be done so that someone trained abroad can easily do a refresher course to work in this country for an appropriate remuneration. In many cases people are unable to get the job for which they trained owing to specific qualification requirements.

I touched on the issue of non-national students who need to leave the country to apply for a permit, which is an awful waste. It places a burden on the person who must incur cost in returning to his or her country. The time he or she must wait is lost. These people have been through our college system and we should find a way to eliminate the necessity of them leaving the country to get a work permit. In other countries, for example Canada, students approaching the end of their college days can apply for a permit to stay. They do not need to leave the country and come back and this should apply here.

Many non-nationals on work permits who have been here for four, five or six years have children who want to attend college but who are required to pay substantial student fees. While people from some countries are exempt, people from many other countries are required to pay considerable sums. Such people might have lived here for many years, played a major part in the community and may have applied for citizenship but they must still pay very high college fees. This area needs to be reconsidered. While we seem to be quite happy to have such people contribute to our economy, we still want to charge them to send their children to college. As we encourage students to continue their education to third level, we should make it easier for people who will most likely end up living here permanently. We should apply common sense.

We should learn from the experiences in other countries. Most people believe the green card system in the United States works well. However, the Americans would also admit they are getting the family reunification system wrong. We have learnt from them and from other countries. We should consider what changes we should introduce. This is one of the major areas that needs to be addressed.

Some intending migrants before leaving their home country may have heard much about Ireland and how good it is. They are not being given enough information before they leave to allow them to make an informed decision and help them settle in on arrival. Since the mid-1990s the Department of Enterprise, Trade and Employment has advertised to encourage Irish people to return home from places like South Africa and Australia. Many others who were not originally Irish came from those countries too. They heard that Ireland was a great country, with big jobs and lots of money. When they arrived they found how costly it would be to stay. They saw the high cost of living, and what would be expected of them. Accordingly there should be much more pre-departure information about the cost of living here, rental costs, school costs, tax, employment rights and so on. All this should be made clear to people before they come to Ireland. The Government cannot go to different countries to give such information but the agencies organising work permits do not give out clear information. Many people arrive here simply in hope. There is an onus on us to do what we can in this area.

Getting a work permit, and permission from the Department of Justice, Equality and Law Reform to stay in Ireland, is a slow and cumbersome business. The Minister liaises with that Department, but it is struggling with the workload and with being a service provider to the public. That was not its job originally, but in the past few years it has had to deal with a great number of applications. That needs to be examined and sorted out with more staff or whatever is necessary. The situation cannot continue whereby one must wait 15 or 16 months to get information and perhaps three or four years for permits other than work permits. This is not fair. One can be told to phone the Department in this regard only on Tuesdays and Thursdays, and there might be no reply. That is no way to treat anyone. This matter falls under immigration policy. The system and how it works must be made clearer to the public, as must people's entitlements.

The Minister said a group would review immigration policy, outline the list of skilled jobs for which workers are needed and update it regularly. There should be an independent advisory board of some sort to oversee immigration issues and react quickly. This area changes rapidly. It is a cross-departmental responsibility. In Australia for example, the list of skilled workers needed is updated every six months. Hopefully we will get to that stage too.

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