Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I wish to outline our position briefly. Sinn Féin will oppose this Bill on the basis that it seeks to introduce seasonal work permits to the employment permit system. Since pre-legislative scrutiny took place, Sinn Féin has highlighted a number of red lines, namely the introduction of seasonal employment permits and the failure to exclude employers with convictions for abusing workers from benefiting from employment permits. Despite our efforts to amend it, the Bill is focused solely on increasing flexibility for employers and makes no attempt to protect workers’ rights. When the Bill began in 2022, Sinn Féin stated that we supported the fair and sensible use of employment permits where there were shortages of necessary skills in our economy. However, we have always insisted that the Department of Enterprise, Trade and Employment work with the Department of higher education to equip students with critical skills in those areas experiencing shortages. Improving pay and conditions is also key to ensuring that we have the requisite skill set across our economy. Progressive changes to our employment permit system that protect workers’ rights and ensure investment in developing skilled workers through our secondary and third levels are the best way forward.

We support improving the agility and effectiveness of the employment permit system while retaining the policy focus of supporting the economy and the labour market through evidence-based decision-making, but this legislation prioritises employer flexibility only. It ignores the development of a domestic supply of skilled workers through upskilling and our secondary and third level education systems. It does not provide protections for workers and introduces an exploitative seasonal employment permit system despite the fact that the Committee on Enterprise, Trade and Employment reported that it had not seen sufficient evidence to support the proposed introduction and that its members were concerned about the lack of detail in this proposal. Despite our best efforts to argue and debate amendments, the Government has ignored our concerns and rejected our amendments. We oppose the introduction of these seasonal work permits. Such permits have been proven to facilitate the exploitation of workers in other European states. Their introduction represents a regressive change that will have a serious impact on workers and decent employers.

The Committee on Enterprise, Trade and Employment received evidence that the employment rights of workers under the permit system, including their pay levels and conditions of employment, are not observed or enforced. When Sinn Féin tried to amend the legislation to exclude employers convicted of breaching employment law in the previous 24 months, this was rejected. I genuinely say shame on this Government for doing that. Where an employer is found to be in breach, it should not be facilitated with the welcome mat the Government is rolling out for it. Last year, the WRC found that employment law had been broken in every second investigation, representing a 47% breach rate across the economy. In the sectors where seasonal employment permits will more than likely be applied for, the figures are astonishing. In agriculture, there was a 56% breach rate in 2023. In beverage services, there was a 54% breach rate in 2023. Among hotels, there was a 57% breach rate of employment law in 2023. In food services, there was a whopping 58% breach rate of employment law in 2023. These bad employers put decent employers at a competitive disadvantage. Employers who abuse workers and put decent employers at a competitive disadvantage should not be allowed to benefit from the employment permit system or from State supports. They would not receive support from Revenue if they were financially non-compliant, so why is it different when a business breaks employment law?

The proposed creation of a seasonal work permit to address difficulties in certain sectors is an attempt to allow bad employers to circumvent improving the pay and conditions offered for the roles in question. Such a move opens up the possibility of an exploitative employment model in these sectors, which is neither an ethical nor sustainable solution for them. We will not support a system that allows for the exploitation of vulnerable workers who will be here long enough to be exploited but not long enough to vindicate their employment rights.

We are not alone in opposing the introduction of such permits. The Committee on Enterprise, Trade and Employment found no reason for their introduction and organisations like Migrant Rights Centre Ireland are also opposed to seasonal work permits.

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