Arthur Morgan (Louth, Sinn Fein)
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Question 8: To ask the Minister for Enterprise, Trade and Employment if, in order to prevent exploitation of migrant workers, the Employment Permits Bill which is due for publication, will include provisions to allow permits to be held by workers instead of employers. [6135/05]

Micheál Martin (Cork South Central, Fianna Fail)
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A work permit is granted to an employer in respect of a specified employee and job vacancy, where the employer can demonstrate that the vacancy cannot be filled from within the wider European Economic Area. The EEA comprises the 25 member states of the EU, Iceland, Norway, Liechtenstein and Switzerland.

Apart from the renewal of existing permits, which now constitute the bulk of applications, new permits are confined to highly skilled and highly paid positions. Current policy is informed by the imperative to address the identified labour and skill needs in the economy. In order to best achieve these ends, the work permit is granted to the employer. This ensures greater traceability, the more effective enforcement of employees' rights and enhanced administrative efficiency. In addition, it offers the employee the assurance of a guaranteed work position.

The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including migrant workers. Inspectors pursue allegations of worker mistreatment, and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individuals concerned and, if appropriate, a prosecution is initiated.

An application for a work permit requires a statement countersigned by the would be employer and employee of the main functions of the job, salary-wages, deductions other than statutory, other benefits and hours to be worked per week. Work permits are not granted unless there is compliance with minimum wage legislation. Applications for renewals require documentary proof that the stated wages have been paid.

Persons employed in Ireland under the work permit scheme in recent years have been readily facilitated in changing jobs. In such circumstances, a new work permit is issued to the person's new employer. This allows an employee to move to a new employer where there are genuine reasons the employee wishes to leave his or her existing employment.

The proposed Employment Permits Bill, which is currently at the final stages of preparation, will include provision for additional protections for migrant workers. It is intended that employers will be prohibited from deducting from the remuneration of migrant workers any costs associated with their recruitment. Employers will also be prohibited from retaining personal documents belonging to migrant workers.

Any evidence that particular employers are exploiting their workforce should be brought to the attention of the labour inspectorate for investigation. The new Bill will also give enabling powers to the Minister, particularly in regard to the question of whether employees can retain their work permits which is under consideration.

Arthur Morgan (Louth, Sinn Fein)
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I was very nervous until the last sentence because the Minister held back that crucial piece of information about which I asked, that is, whether the new Bill will give the worker the right to hold the work permit. The Minister said the Bill will contain a provision for regulation whereby the Minister will be able to decide. If the Minister is still in office when this Bill comes into force, will he effect such a regulation? Does he agree what is going on at present is an international shame? Some of the examples were cited earlier in response to Deputy Howlin's priority question where workers are not paid the minimum wage or prearranged wages and are working an excessive number of hours.

I asked if the Minister had seen the report from the migrant workers' centre dealing with a series of cases where foreign women in domestic jobs in middle class homes were working under disgraceful conditions. Does the Minister agree part of the reason foreign workers feel locked into these employments is that their permits are held by employers and not by themselves? The key issue is the Minister's willingness to exercise that regulation so that workers hold the permits which we all agree would enhance workers' rights considerably.

Micheál Martin (Cork South Central, Fianna Fail)
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The issue of whether the employer or the employee should hold the work permit is constantly raised as if it somehow would become a check on any exploitation which might occur. Implicit in that belief is that by holding the work permits, employees would be able to change employment and avoid exploitation.

At present a work permit is given in respect of particular employment with a particular employer. Experience from the work permits system and the work authorisation scheme suggest the existing system is very easy to administer in so far as it attached to the employer. When allegations of wrongdoing or abuse are made, there is a register in place. If a non-EEA national entering the State on a work permit or under the work authorisation scheme changes employment, will there be a record of employment and so forth in respect of that person? I am disposed to greater freedoms and protections for employees coming here. This legislation will have stronger statutory protections for employees. However, if we move to that system, I want to ensure we do not create a new potential for exploitation and abuse. Currently we have a hold on the employer. If employers engage in unacceptable behaviour and if their behaviour causes difficulties, we can refuse to give them work permits in the future.

Deputy Joe Higgins raised an issue in the House approximately two weeks ago relating to a specific contract. The company concerned, which was a non-EEA company, won a specific contract from the State and work permits were issued in respect of that contract and no other. No evidence had been brought to the attention of the Department or the labour inspectorate prior to the case being raised in the House. The case is now being followed up and I think the Deputy has supplied some information. We need to be clear that evidence is the key for the labour inspectorate.

The Minister of State, Deputy Killeen, has direct responsibility for labour and we want to protect workers of all races and creeds. Maltreatment of workers, irrespective of race or creed, is unacceptable.

Brendan Howlin (Wexford, Labour)
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Unlike Deputy Morgan, I was quite alarmed by the Minister's response. The Tánaiste made a clear declaration to the House when she was in the Minister's Department she would bring in this legislation to effect a transfer of the work permit from the employer to the employee. It is years since that commitment was made but it is still a matter of debate. Does the Minister agree there is an unanswerable case that the work permit should accrue to the individual and not the company so the threat of deportation which is often made — I have dealt with such cases — is not available to an employer? It is a simple matter of registration with employment to ensure that the known employer complies with all normal regulations relating to pay etc. At least the right to stay in the country is held by the individual. I want a firm commitment that the information imparted to the House by the Tánaiste is not now being resiled from by her successor.

Arthur Morgan (Louth, Sinn Fein)
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The Minister has given his personal commitment to introduce legislation. Can he do anything to expedite its introduction? When will it be before us? We will need to deal with a number of other issues when that Bill is taken.

Micheál Martin (Cork South Central, Fianna Fail)
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The Bill is at the final stage of drafting. I take issue with Deputy Howlin. I am not resiling from anything. To have genuine discussion I like to air issues on the floor of the House as I have just done. The issue is how do we prevent the exploitation of workers, and I made the point that counter-arguments also exist.

Brendan Howlin (Wexford, Labour)
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What is in the Bill?

Micheál Martin (Cork South Central, Fianna Fail)
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The Bill will give me the enabling power to do as Deputy Morgan has suggested. The Minister of the day will have enabling powers because inevitably——

Brendan Howlin (Wexford, Labour)
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Could it be either one of them?

Micheál Martin (Cork South Central, Fianna Fail)
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No, the enabling powers will cover a variety of issues, particularly the ongoing economic trends. Inevitably decisions on our work permits system are underpinned by economic criteria. I am in favour of giving greater autonomy to the employee and of the employee having the work permit. However, I need to ensure I do not introduce a system that ultimately might allow the employee to be even further abused.