Dáil debates

Thursday, 10 November 2005

Employment Permits Bill 2005: Second Stage (Resumed].

 

1:00 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)

The integration issue is important. As transformation takes place and Ireland becomes a country of net immigration as opposed to emigration, a significant challenge is presented to put in place the infrastructure and mechanisms to ensure proper integration of migrant workers in our communities. My Department will shortly launch an initiative with FÁS on the integration of migrant employees in the workplace through the provision of language training and the dissemination of relevant materials to such workers. Broader initiatives will be taken by other Departments, for example, in the area of education, to ensure proper integration.

Many issues were raised by Members. The key issue is that the Bill represents another significant advance in economic migration policy. It provides a flexible framework, which will enable us to adapt and refine our policies going forward. It is buttressed by the economic migration policy document published by the expert skills groups, which examined a range of issues in this regard. The majority of low skill needs should be met by the EU labour market, which comprises more than 250 million people. Ireland is a regional market in a 25 member state economy and that reality must be recognised. This has an impact on attracting migrant labour from outside the EU. More than 100,000 people from outside the EU have worked in Ireland at some stage over the past 18 months.

Our first priority is to upskill our workforce to enable people to avail of the increased opportunities that continue to be created through foreign direct investment and the growth of indigenous companies. We are working with FÁS and the education partners to ramp up qualifications and increase the overall skills of the population.

Employees as well as employers can apply for work permits under the legislation. It will be vacancy driven but the system will not be based on quotas or points. There are advantages and disadvantages to quota systems while the disadvantages of the points systems outweigh the advantages. Quota systems can be inflexible and complex and questions arise regarding how quotas are determined, what are the optimum levels and so on while points systems are more transparent and predictable but they are also complex to design and administer.

The green card system embraces the best aspects of the US green card system and other quotas and points systems without taking on their disadvantages. We have examined systems in different countries and we have embraced their best aspects. The proposed green card system will provide a pathway to citizenship and discussions in this regard were held with the Department of Justice, Equality and Law Reform prior to the publication of the legislation. Last March the Government agreed the establishment on a non-statutory basis of a new naturalisation and immigration service in the Department of Justice, Equality and Law Reform to oversee a single admissions procedure for immigration. The service deals with the admission of non-nationals to the State, asylum applications, the management and processing of applications for legal residency, the naturalisation process and the enforcement elements of this programme. My Department has established a virtual link between its information systems and those of the immigration service. However, my Department will continue to be responsible for economic migration policy and the granting of work and green card permits. That synergy is ongoing and the Minister for Justice, Equality and Law Reform will introduce legislative proposals regarding family reunification.

When the Bill was published and the green card system was announced, the Government stated that once an individual was granted a green card permit, family reunification would be permitted. I understand the comments of Members in this respect because all of us have met non-nationals who have been in the State for two or three years without their families. That can be distressing and disturbing. The green card system will extend to a larger cohort of people. A similar provision applied under the work visa authorisation scheme, which dealt with a limited section of the migrant worker population. I have listened to the comments of Members and the green card system will provide for family reunification and a pathway to citizenship. The two-year provision also applies in the US. Nobody will have a carte blanche once he or she is granted a green card permit. If permit holders behave well, obey the laws of the State and so on, they can look forward to permanent residency and citizenship. It is important to distinguish between green card permits and work permits, which address temporary shortages in the labour market.

The Bill also represents a significant advance in the protections for migrant workers. However, the Government is conscious of the need to be vigilant in the area of labour law compliance. We are open to significant engagement with the trade union movement and other social partners regarding the best modalities for labour law compliance and enforcement and to ensure migrant workers are not exploited. Recent events have caused us disquiet and I, therefore, sanctioned an increase in the number of labour inspectors to 31. All the posts should be filled by the end of the month with the additional inspectors concentrating on sectors in which many migrant workers are employed.

With regard to future initiatives, the labour inspectorate prepared a discussion document on its mandate and resourcing. It was circulated to the social partners in January 2005 with the purpose of stimulating debate and signalling that fundamental changes in enforcement of employment rights compliance should be considered. The ultimate objective is the formulation of a set of recommendations for Government from various possibilities. One proposal is that a strategic programme of education and information dissemination regarding employment rights be undertaken from early next year. The intention is that general communications media be used to ensure delivery to the target audiences. It is intended that the programme would meet the demand to target messages to workers in specific sectors and address the challenge of informing people who do not speak English as an effective working language.

I have also stated that the Government is open to amendments on Committee Stage. We will listen carefully to the arguments advanced. In my initial speech I indicated that the Government will make amendments on Committee Stage. We will examine the case of students and whether it requires an amendment. The economic migration policy published by the expert skills group puts forward the view that students who have studied here at undergraduate and postgraduate level in our third level colleges should be allowed to remain in this country and make a contribution to economic life. They may have spent up to six years here and we should take the sensible approach and facilitate their contribution without their having to leave the country. Scotland has undertaken an initiative of this kind and I am keen to do something similar, subject to detailed examination. I hope to propose an amendment on Committee Stage if there is not the flexibility in the Bill to facilitate this. Deputy McGuinness raised this point and it is a measure to which I am favourably disposed.

I thank the Deputies for their contribution and look forward to an informed, constructive discussion on Committee Stage.

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