Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 8, between lines 7 and 8, to insert the following: “ “approved seasonal employer” has the meaning assigned to it by section 10(5);

“approved seasonal employer certificate” has the meaning assigned to it by section 10(6);

“seasonally recurrent employment” means an employment that relates to a certain time of the year or seasonal conditions;”.

I thank the Chief Whip for her time and co-operation on this legislation. I am pleased to have the opportunity to bring forward Report Stage amendments which address issues raised on Committee Stage of the Bill in November 2022. These amendments address issues raised on Committee Stage, specifically the establishment of a seasonal employment permit, the introduction of the option of employment permit holders to change employer under the employment permit as well as some technical amendments.

Before getting into the detail of the amendments, I wish to address two points raised on Committee Stage. First, on labour market access for spouses of employment permit holders, my predecessor, the Minister of State, Deputy English, noted on Committee Stage that he would return on Report Stage with an update regarding access to the labour market for spouses of employment permit holders. The conditions governing the eligibility requirements for family reunification, including remuneration levels, are a matter for the Minister for Justice. The Department of Justice policy requires that the sponsor demonstrate his or her capacity to provide for the family members if they are to be granted permission to come to Ireland. The policy sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family unification and the conditions attaching permission issued to family members.

I understand the Department of Justice is reviewing this issue. Officials from my Department have written in support of extension of the rights of spouses of employment permit holders to access the labour market. Spouses, dependants or partners of either general employment permit holders or holders of intra-company transfer employment permits do not currently receive automatic work rights on the basis of the employment permit holder's permission. They are, however, free to apply for a separate employment permit in their own right.

In relation to the inclusion of contact details on the employment permit, my predecessor also noted on Committee Stage that he would return on Report Stage with a comment regarding inclusion of contact details for organisations such as the Workplace Relations Commission, WRC, and ICTU on the issued employment permit. The Bill provides for regulations making powers already available in Statutory Instrument 92, part (g). This action can be carried out through regulations and will be considered along with other commencement regulations. I think Deputy O’Reilly raised this matter on the previous Stage.

Amendment No. 1 provides a new definition for employers who will be registered to apply for the seasonal employment permit. It also defines the document to be used for registering these employers as well as the type of employment to be catered for under the seasonal employment permit. I am aware that my predecessor made a commitment during the Committee Stage debate to return to the issue of seasonal employment permits and to bring forward a number of amendments on Report Stage. The amendments I propose this evening will create a robust rights-based legislative framework to ensure protections are in place for seasonal workers. My officials and I have spent considerable time over the last year engaging with a wide range of stakeholders, including employers and migrant worker advocacy groups, to develop this framework. There has also been considerable amount of interaction with the Office of the Parliamentary Counsel to ensure the protections contained in these provisions would be fully enforceable.

I am grateful to the stakeholders who have had input to this process so far. Their insights have greatly increased my understanding of the issues at play and will really strengthen these aspects of the Bill. In addition to this consultation process, my officials have analysed comparable seasonal employment schemes in other jurisdictions and have taken advice from international organisations such as the UN agency for migration. We have taken lessons from these schemes and these considerable learnings have been translated into provisions that I will include this evening. I also emphasise that the EU seasonal worker's directive of 2014 has also informed the legal framework for seasonal employment permits. While Ireland has not opted into this directive, these amendments are aligned with its terms of employee rights, employee protection and scheme design.

The definition underpinning the provision contained in the proposed new sections of the Bill as set out in Chapter 3, approved seasonal employer, is the largest amendment in this group. For an employer to avail of the scheme they must get annual pre-approval as an approved seasonal employer. Any breaches of conditions, or non-compliance with rules in previous years will negatively impact the subsequent approval process. The application process will examine the employer's capability to adhere to the conditions of the scheme, including the provision of accommodation and health insurance. This process will not be excessively onerous on the employer and will in fact add to the efficiency of processing the seasonal employment permit once the candidate is selected.

I fully understand the value of knowing one's rights when it comes to ensuring fair treatment. Therefore it is planned that the documentation for the seasonal work permit will provide information on rights including contact details for the Workplace Relations Commission and relevant trade unions and advocacy groups, as well as information on the cost of the seasonal employment permit application and-or renewal.

It is essential this new permit works and is worthwhile for both employers and workers. In order to avoid any underemployment of seasonal workers, the scheme will require a minimum number of guaranteed working hours each week to ensure seasonal workers will be sufficiently remunerated. This is planned to be set at 32 hours in the regulations. Employers will be required to purchase adequate health insurance for seasonal workers and this cannot be deducted from the seasonal worker's wages. Occupational health and safety equipment and other materials, where required for the role, will be provided by the employer and cannot be deducted from the worker's pay. Accommodation, which means rental accommodation, which meets legal standards must be provided by the employer. This must be pre-certified by a certifying authority. The employer must inform my officials of all changes of accommodation and rent deductions cannot be greater than those allowed for under the National Minimum Wage Act.

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