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

This amendment would add a new provision to the Bill that would effectively blacklist employers for any WRC breaches, not just conviction through the courts. This would represent a major change to the labour market enforcement system as it applies to the third-country nationals employed under an employment permit. It is not the intention of the employment permits legislation to lock employers out of the system for all breaches. Furthermore, it is also not our intention to create a parallel system of employment law dependent on whether the employer has hired Irish or non-EEA employees. I note also the risk of promoting undocumented labour which could be an unintended consequence of locking business out of the employment permits system. That would be an outcome which would place the worker in a situation outside of the protections and regulations of the law.

The current legislation as it relates to authorised officers sets out the new legal basis for WRC inspections. The WRC can carry out an inspection on foot of a request from the employment permits unit. It can also carry out inspections for other reasons, for example, if it receives a complaint through the WRC call centre, an anonymous tip-off, a request from An Garda or a representation from a Member of the Oireachtas. In addition, the Minister has the power to refuse to process an employment permit application where the applicant has been prosecuted under the employment permits legislation. This is done through sections 27(1)(c) and 34(1)(b) of the published version of the Bill which provide a discretionary option to refuse an employment permit application where either party has been convicted of an offence.

The consequences for breaches of employment permit legislation include revocation of the employment permit, which is carried out by the employment permits unit, or prosecution. Prosecutions are brought forward by the WRC. There are penalties, including fines and imprisonment, set out under the legislation. Discretion, however, is necessary to allow for an examination of the nuances of each case, where a blanket refusal may have unintended consequences, such as preventing current workers from applying for or renewing their permits, even though they are innocent parties. I am confident employment permit holders are protected in the same way as Irish workers by virtue of the existing employment and equality legislation and penalties contained therein. Therefore I do not intend to accept this amendment.

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