John Perry (Sligo-Leitrim, Fine Gael)

There are provisions within the Employment Permits Bill which are to be welcomed. However, the Bill needs a good deal of work and my Fine Gael colleagues, particularly Deputy Hogan, will table numerous amendments on Committee Stage. The Bill does not provide sufficient protection for workers. Only last week, off the coast of Dublin, a group of Latvian workers were abandoned without protection. This is an indication of the regard employers have for people who do invaluable work. We are fast gaining the appalling reputation of a country that exploits its foreign migrants. We certainly rely on and need foreign labour, given the growth in the economy, the dependence on small companies and the level of services on which the economy depends from construction to the services sector. The huge growth in the economy is driven by the services sector. Without foreign labour our roads would not be built, our service industries would collapse and our booming economy would be lost. The retail trade and the catering sector in hotels are dependent on such labour. People from inside and outside Europe do a fantastic job in growing the Irish economy, particularly in the area of tourism which is very evident. The foreign workers coming into Ireland could easily find another more hospitable host. I am not saying that is the general rule as there are some good employers who do invaluable work. The biggest asset in any company is not equipment, machinery or property but its investment in personnel. Any company that wants to survive and make long-term profits will invest in personnel as it is their contribution to the bottom line that makes the difference. That is not to mention the shame brought on this country by those who have mistreated foreign workers from sheer greed.

I welcome the provision whereby fines of up to €50,000 or jail terms of five years can be imposed on employers found guilty of exploiting migrant workers. I hope this will act as a deterrent to employers to mistreat migrant workers. The principal change needed in the Bill was a provision whereby workers would hold their own work permits. It is important that they have autonomy and are not subjected or tied by contract to an employer. However, the Bill allows for the employer applying for a permit to continue. That is not good enough and will have to be reconsidered. Foreign workers coming to Ireland should not be ring-fenced to one employer. If they get a better option or are approached by another employer they should be allowed move if they so wish. It gives the employer too much power over what is already a legally vulnerable person. For example, the worker is not able to directly access information on why a permit was granted or refused. When one goes to Davitt House there is a difficulty in getting permits. Because of the level of appeals many people are intimidated. Everybody, regardless of origin, should have power over their own employment. People should be able to own their own permission to work, independent of their employer.

Stories brought to my attention on the abuse of workers' rights are truly frightening. That is not to say all employers behave in this fashion. On the contrary the majority of Irish employers treat migrant workers as fairly as they treat Irish employees. However, there is a minority and we need provisions included that will protect migrant workers from that minority.

Among the many bodies to have criticised the lack of protection measures for migrant workers are IBEC and the Irish Congress of Trade Unions. The ICTU has given out a number of case studies to show the awful positions in which migrant workers find themselves, through no fault of their own. One asylum seeker speaks of working on a farm for €2 per hour, picking stones. That is like penal times. There are always exceptional cases. Another man, a chef, started working in an hotel for €2 per hour. I cannot understand how that is tolerated. The employer should be dealt with decisively. It is shameful that we are standing by while this sort of behaviour is taking place. The Small Firms Association, RGDATA and all the representative bodies have a critical role to play and I no have doubt they are playing it. That is important given that the nation has had massive gains in the services sector, which is where the major abuses appear to be as well as in the construction industry.

One of the major tests facing Irish people today is how we treat migrant workers. Until recently it was Irish people who had to look overseas for work but that has completely changed which is welcome. Although this is frequently mentioned in the media and in the House it is not something we seem to fully acknowledge. Irish people may, on occasion, have been mistreated abroad but working abroad also provided much-needed funds to families at home. This happened in the 1970s, 1980s and in earlier decades. In the majority of cases people got work in the UK and were treated well.

We need to recognise how hard it is for migrant workers to leave their own countries and their families to come here. In the same way Irish people found it hard for generations. There should be a level of compassion where families can come here on holiday visas. In certain cases where they have return tickets, validated by funds in a bank, the Government can be heartless in not allowing people to come here to meet family friends, particularly the immediate family.

Another major failing is the way this Bill deals with the families of migrant workers. Why does the Bill make no reference to the spouses and families of workers? When green cards are issued, they should be given to families, not to individuals. However, the Bill only allows for individuals to apply for green cards. With this measure we are seriously limiting the number of quality candidates who come here to work. More importantly we are consigning to a life of misery those who do not come with their families. The Government has missed a huge opportunity.

This legislation will also exacerbate a two-tier system of employment in this State. It allows for a new type of permit to be issued. This permit will be given to skilled staff in mainly high-tech sectors where labour shortages are deemed to exist. These green cards will allow holders the full freedom to seek jobs within specified areas of the economy. While such workers may be able to apply for citizenship after five years in the State, they have no guarantee of being successful. As we are aware, it could take many years before such a decision is made. Such an approach will allow certain immigrants to be seen as more preferable, more welcome by the State and more entitled to rights. This will further exacerbate the problem of exploitation and will also discourage certain workers from coming here.

The tourism and construction industries are two of the biggest employers of migrant workers. As low-fares airlines become even more popular and cheaper, we need to boost the tourism industry further. This does not involve discouraging staff from working here. According to the National Competitiveness Council we are currently ranked 13th out of 16 countries in terms of perceived quality of infrastructure, which has a direct impact on competitiveness and performance. We need to invest heavily in our infrastructure, including road, rail and port development. In Sligo I very much hope the western rail corridor will re-open in the near future. Such developments are vital for the growth of this country and for the quality of life for current and future generations.

In order to build all these projects we need labour. We already import a large proportion of labour in the construction industry where we have developed a bad reputation. More than 40% of migrant workers who come to Ireland are from Poland. Some weeks ago the Polish edition of Newsweek magazine described Ireland as a "living hell" for Polish workers. What would we do if the number of Polish workers coming here were to drop drastically? The percentage of Irish people between the ages of 15 and 34 is approximately 31%. Within 20 years that figure is expected to drop to below 24%. Irish people over the age of 65 currently comprise 11% of the population. Within 20 years that will have doubled to 22%. We are in dire need of foreign labour and we will need it even more in the coming decades.

It appears futile to appeal to the human and compassionate side of the Government. The forward-thinking and logical side of the Government seems to be just as arrogant. We need migrant workers now and we will continue to need them for many decades to come. The level of immigrants coming into this country is already declining. We urgently need legislation that will help both migrant workers and Irish people. We need to learn from the mistakes other countries have made and from successful policies which have worked abroad.

There are no international best practices in managing labour immigration that Ireland could import wholesale. Canada is often cited as an example of a country with a successful immigration system and it is a system worth analysing further. However, immigrant skills there are often not fully availed of. A recent study found that foreign-educated immigrants in Canada earned $2.4 billion less than native-born Canadians with comparable skills. This is because immigrants often end up working in occupations that are below their skill levels. Many well-educated and highly skilled people are coming into this country. We need to use their skills in a way that is beneficial to both parties.

While the Employment Permits Bill is a step in the right direction, it also represents a lost opportunity, as it is not enough in itself. I hope that substantial amendments will be made on Committee Stage.

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