Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

When we left off, I was speaking about the problems faced by non-nationals who have married Irish citizens and who are waiting for approval of their residency applications. As I said then, I continue to hear about the problems these couples face during the 16 to 18 months it takes for the residency application to be approved, primarily because the non-national spouse cannot work without a work permit during this time. Since last speaking on the Bill, a further case in the same area has been referred to me. This problem is prevalent and needs urgent address. I said previously, and I repeat, that 16 to 18 months is a long time for two adults, perhaps with dependants, to live on one income in Ireland today.

The Minister for Justice, Equality and Law Reform states that this waiting period is necessary because some of these marriages turn out to be fraudulent. A reply I received recently from the Minister indicated that the large majority of these applications are granted, therefore, his argument about fraudulent marriages does not hold up. The small number of so-called fraudulent marriages does not justify the serious difficulty into which these couples are forced during that 16 to 18 months period. Both the United States and Britain, which have much greater problems with so-called fraudulent marriages than we have, allow non-national spouses to work while their applications are being processed and the decisions on their applications are pending. The Minister's statistics demonstrate that there is no reason for us to be stricter than either the United States or Britain. These spouses should be able to avail of the relaxed scheme that currently exists for spouses of highly skilled migrant workers. There should be no discrimination or distinction. People should be treated equally.

I read in The Irish Times that there are plans to grant employment rights to spouses of migrant workers. I look forward to hearing the detail of this proposal, which appeared yesterday. I hope it will apply to spouses of all migrant workers. This is one of the changes I called for earlier in my contribution to this debate. I ask whatever Minister makes the closing statement to Second Stage to give a full account and explanation of what is intended, as reported in yesterday's edition of The Irish Times.

Some aspects of the Bill are welcome. It is good that work permits will now be issued directly to employees, even though giving employees a document is not the same as giving them control over their labour. It is not what we asked for and the Government has acted somewhat cynically in its use of language in this regard. That said it is a positive step as far as it goes. It is also a good thing that information on the employee's rights will be included on the permit. This will make it more difficult for unscrupulous employers — regrettably there are far too many of them in Irish society — to exploit and mistreat their workers, at least those who can understand English or have access to a translator. I do not doubt that some exploitation will continue. We have only to remember the scandalous events of last weekend in which 13 migrant workers, EU nationals, who are here as of right and do not need work permits, were abandoned by their employer on an uninhabited island. That matter has been well aired in the House during recent days.

Incidents such as this will continue until we begin to take seriously the problem of exploitation of migrant workers and put real measures in place to address the problems. It is not enough simply to pass laws prohibiting exploitation without making statutory provision for resources to enforce those laws. I emphasise the need for enforcement given that there is no such provision in this legislation. I ask the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Michael Ahern, to take that issue on board and have it reflected in the response to Second Stage.

I hope the Minister or Ministers, as is the case this morning will take some of these points into account in their preparation for Committee Stage. It is very difficult for Opposition members sometimes to have positions taken on board adopted by Ministers on Committee Stage. It would be much more agreeable and facilitativeif the proposing Minister were to take on board the points made by Deputies on Second Stage and reflect them in their amendments on Committee Stage. I do not want to go back to my immigrant constituents when the Bill has passed and tell them it took us two and a half years and that this is the best we can do. We can do much better. My purpose in raising the specific points I raised both on the last day we addressed Second Stage and again this morning is that I hope they will be taken on board and reflected by the Minister in the Government's position on Committee Stage.

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