Tony Killeen (Clare, Fianna Fail)

I will take the last point first. When the new legislation is passed the permit will be held by the employee, but it will be held on foot of an offer of a particular job. This will ensure a more level playing field for the employee. In the majority of cases, except for Gama, the employees involved in cases did not need work permits because they are EEA nationals.

Ultimately, the more successful we are in finding illegalities and cases where workers are being mistreated, the better placed we will be to deal with the issue. Rogue employers are gradually coming to the view that, through one means or another they will be found out and not just accidentally by the labour inspectorate, regardless of its staff numbers. The fact that so many people are now attuned to this happening will ensure that gradually more and more unscrupulous employers are found out.

I am not in a position to give a judgment on the constitutional issues. There could well be a problem with regard to the examination of bank accounts, for example. Traditionally, there was a view regarding constitutional bars that was considerably less liberal than the current view. I am not aware that any of the recommendations in the report on the mandate and resources of the inspectorate would require action that would be likely to run foul of constitutional issues. If I become aware that this is the case, I will revert to the Deputy.

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