Bernard Durkan (Kildare North, Fine Gael) | Oireachtas source

I am delighted to welcome the Bill. The Minister and I have had a few exchanges of views in this regard over the past number of years. Many immigrants have come to the country, just as many Irish people have left and travelled abroad.

We would all like to see that those who visit us, be it for work, immigration or to seek asylum, are treated in the way we would wish to be treated if we went elsewhere. Irish people have gone to all corners of the world over the years, some out of necessity, some out of a sense of adventure, some because it was convenient to do so and some because they had particular skills that were required in other jurisdictions. They made a serious contribution to their adopted economies. Similarly, many people have come to this island, initially on the basis of work permits. However, they have found themselves in a type of no-man's-land because on the transition from one employer to another they understood there was an ongoing entitlement to a work permit, which was not exactly the case, whether that was because of a difficulty with language or a difficulty with an employer. In many cases, when a person with a legitimately awarded work permit moved to a subsequent employer, and perhaps had to move for a variety of reasons, and then moved onto a third employer, they found that when the work permit expired they had no continuity. This has affected many people, particularly from Latin America, in the meat industry and in the catering industry. A significant number of people now have no work permit, have no entitlement to one and have been illegally employed for some time. I hope this Bill proposes to address that issue. Otherwise, it would be very unfair for people who have made a contribution to our economy, paid their taxes and PRSI, worked in this economy for up to ten years and fulfilled every other obligation except compliance with the immigration laws. The Bill proposes to deal with that issue, and rightly so. I hope it deals with every aspect of it and encompasses the issues for people who are in that type of situation and were initially employed legitimately.

I have dealt with cases, and I am sure other Members have dealt with such cases, where people initially came to this jurisdiction on foot of a work permit and have been employed for up to ten years. They have never been unemployed and have never applied for unemployment assistance. Despite being continuously employed they have found themselves without entitlements on the grounds of a work permit. I strongly urge that all aspects of such situations be fully examined with a view to meeting their accommodation needs.

Another situation that has come to my attention on more than one occasion is one in which a person arrives into this country on a student visa and works part-time for the required number of hours within the law. Such people may then remain in the country illegally. Generally, their employers want to keep them on. I have never encountered an employer who did not wish to keep the person on, and it is only because they are good employees that an effort is made by the employer to obtain a work permit for them and keep them in the jurisdiction. Bear in mind also that in many of these cases the people now have families. It is a ten- or 12-year period in some cases, and they have families, they have entered into relationships and they have commitments within the State. It would be unfair to discriminate against them on the basis that they had, for whatever reason, failed to fulfil their obligations in respect of entitlement to a work permit. This is not catered for in the Bill but I believe it should be considered.

People have also been working in the catering sector, which I mentioned earlier. I acknowledge that there is a danger of exploitation in this area. People might have been working legitimately for many years in the same or similar positions but ultimately find themselves with no entitlement in respect of permission to remain in the State. I believe that the contribution they have made over a number of years must be taken into account in a positive way. They made a major contribution to the many sectors in which they were employed. That is without referring to the ethnic restaurant business, in which many people are also employed.

Another area where non-EU nationals have made a major contribution is the health sector. There have been countless cases of people coming from India and the Philippines, often with their families, and taking up employment in our health services - in fact, in some of the cases I have dealt with they were employed by the HSE - but it was deemed that they were not entitled to remain in the country because they did not have appropriate authorisation in respect of a work permit. Fortunately, the then Minister managed to resolve some of those cases, but a type of no-man's-land has developed over the years for a number of people who have made a major contribution to our economy and society and who have made commitments and entered into contractual relationships and so forth. I believe they must be catered for in a sympathetic way with a view to granting them status or granting them an amnesty and a period within which they can make an application. In allowing them to make an application, it should not be under a condition with which they cannot comply. We all know about situations that people might be offered, but in order to qualify under some of the conditions one would have to be an escapologist. It should not be that rigid.

Incidentally, there are a number of cases in which people have been self-employed. It is extraordinary. The people have been in this country for at least ten years, self-employed and never out of work. They kept the family and family home going over all that time. Initially they came here on a work permit that expired and was never renewed. As a result they are still here and they are still making their contribution. I accept that this area is a little vague because it is a possible area of exploitation of foreign nationals. There is a tendency in some cases to pay less than the norm. I have encountered numerous employers who have the height of respect for the people they have employed, not knowing, because they inherited them, that they were not here legally. They did everything possible to ensure they could remain in their employment. Not only do they have the height of respect for the employee, but the employee also has the height of respect for them. It is great to see that.

The people of this nation have sought employment and their fortune all over the globe. In some places they were welcome, in some they were not. Sometimes they were branded and in some cases they were ostracised. We did not like that at the time. I remember from when I was a great deal younger the types of slogan that used to apply, even in respect of various vacancies advertised in the island next door. We did not like it and we were right to object to it. Thankfully, those days are gone. However, as time has passed we find we are in a position in which we can welcome people to our island. In the great majority of cases we extend a warm welcome to people who come to our shores and try to help them. Many of the indigenous population of this country have gone out of their way to facilitate and assist in every possible way those who they think require help, because they remember our situation.

Many have been immigrants themselves and experienced at first hand the kinds of things that can happen.

I do not wish to delay proceedings. The legislation can be progressive and I hope it will be. Its interpretation is all-important. That is why I am particularly anxious to follow up and see how the regulations and directives in respect of its implementation will affect the immigrant population in Ireland. We can do a great service to those who have been disadvantaged or find themselves in disadvantageous positions by virtue of residency status. We should be big enough to do so. We should also encourage those countries in which Irish immigrants live. I will not go into the obvious one but note that there are Irish people who have been abroad for up to 20 years in some jurisdictions who have no rights or residency status. That is something we should try to address in every way possible. While we recognise that each country is entitled to run its affairs as it sees fit, we have gone abroad in the knowledge that we have nearly always been welcome and had a contribution to make. We have made that contribution all over the globe. In view of that, we must encourage those in other jurisdictions who are in a position to do so to respond positively.

I hope the legislation is of benefit to the categories of people we have referred to. I have spoken about the meat processing sector, some of the workers in which have extended entitlements in terms of residency while others do not. Some find themselves in a twilight zone and have been forced to return to their own countries, which is a bit sad.

My last point concerns families. Many immigrants to our shores have children who have been born and reared here. The children in some cases are ten or 12 and speak with Irish accents, of course. They have known no other life. While their parents have been providing for them, they are too young to understand the vagaries of the system. It would be a terrible tragedy if we were to ignore the possibility of regularising their status in such a way as to allow them to continue to make a contribution to this economy and jurisdiction. They have shown their ability and willingness to do so.

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