Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 35: To ask the Minister for Enterprise, Trade and Employment the specific reasons for the State's failure to ratify the UN convention on the rights of migrant workers and their families. [18093/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The State, through its employment rights legislation, is committed to the protection of migrant workers' rights. All workers in Ireland receive the full protection of Irish employment law, which reflects the wider EU social protection framework. Like all other EU member states, Ireland has not signed and is not a party to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which was adopted by the UN General Assembly in December 1990. It seems that significant changes will be needed across a wide range of existing legislation if the convention, which has been examined by the Department of Enterprise, Trade and Employment, is to be ratified. The legislation in question relates to authorisation to stay and to work, education, training and integration, family reunification, social security, transfer of income and taxation, housing, health and medical care and electoral matters. Such changes would have implications for Ireland's relations with its EU partners and possibly for the operation of the common travel area between Ireland and the UK. There are no plans to introduce such changes, which would be necessary before Ireland could ratify or consider signing the convention.

Arthur Morgan (Louth, Sinn Fein)
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Does the Minister agree that Ireland's failure to ratify the convention is indicative of the Government's lack of commitment to protecting the rights of migrant workers? Does he accept that the failure to sign the convention sends a message to employers about the Government's commitment in this area? While the law does not discriminate between migrant workers and other workers, recent evidence clearly shows than many employers engage in such discrimination. We need to offer specific protection to migrant workers for that reason. Can the Minister outline the nature of the risk to the common travel area between Ireland and the UK that might arise if Ireland signs the convention?

Micheál Martin (Cork South Central, Fianna Fail)
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I do not agree that Ireland's failure to ratify the convention demonstrates that the Government is not committed to protecting the rights of migrant workers. The Government is very committed to defending such rights. Irish labour law which is among the most progressive bodies of labour legislation in Europe, protects everybody who comes to this country to work legally.

Arthur Morgan (Louth, Sinn Fein)
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It is not sufficient.

Micheál Martin (Cork South Central, Fianna Fail)
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The Government demonstrated its commitment to Irish labour law when it ensured that those employed by Gama Construction were given their rights under such law.

Arthur Morgan (Louth, Sinn Fein)
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Belatedly.

Micheál Martin (Cork South Central, Fianna Fail)
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I will not discuss that aspect of the matter as it relates to everybody involved, including the social partners. I do not accept that a message of the kind suggested by Deputy Morgan has been sent to employers, who know they are subject to penalties under Irish labour law if they breach that law.

Just 22 countries have ratified or acceded to the UN convention, which is quite broad, even though it has been open to signature and ratification since December 1990. I am informed that one of the main reasons EU member states have not ratified the convention is that it does not distinguish between legal and illegal, or documented and undocumented, migrants. In effect, the convention obliges countries to provide protection entitlements to workers about whom they have no information. The Deputy can readily appreciate the complications that would develop in that regard alone if the convention is ratified and the State is given obligations in respect of people who come to the State illegally. The ratification of the convention would have a wide-ranging impact on all Departments and on a range of policies. The Government is not minded to sign up to such obligations. There is no point in signing conventions without having full cognisance of their implications for our position.

Arthur Morgan (Louth, Sinn Fein)
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Has the Minister discussed the implications of the ratification of the convention at EU level with representatives of other member states? If not, does he intend to do so? I suggest that all member states should try to streamline the implications of the signing of the convention. We should try to ensure that most, if not all, EU member states are in a position to ratify the convention at some point in the not too distant future.

Micheál Martin (Cork South Central, Fianna Fail)
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I would prefer to ask officials from the Department of Enterprise, Trade and Employment to prepare a brief explanatory paper for the Deputy so that he can understand the implications of the convention. I am loath to put in place a new tranche of EU regulation and legislation in this area, especially in light of the issue raised by Deputy Hogan earlier. The EU needs to concentrate on the Lisbon Agenda, which relates to economic growth, because its economy is quite sluggish at present. If the EU is to compete with other parts of the world, it needs to engage in an in-depth review of how it approaches the objectives of the Lisbon Agenda, which relates to competitiveness, employment and economic growth. The EU has not successfully matched its rhetoric and its action, which should be its priority.

Arthur Morgan (Louth, Sinn Fein)
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The Government has a bad record.

Brendan Howlin (Wexford, Labour)
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The Minister mentioned that the General Assembly of the United Nations adopted the convention. How did Ireland vote on that occasion?

Micheál Martin (Cork South Central, Fianna Fail)
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Is the Deputy referring to 1990?

Brendan Howlin (Wexford, Labour)
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Yes.

Micheál Martin (Cork South Central, Fianna Fail)
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I would have to check. I am open to the idea of teasing this issue out with the Deputies. It might be useful to prepare a note for the Deputies on the matter.

Arthur Morgan (Louth, Sinn Fein)
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The Minister should prepare a note for employers.

Micheál Martin (Cork South Central, Fianna Fail)
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Irish labour law, and the successful and effective prosecution of issues which arise when there are clear breaches of that law, are the key issues for employers here. That is the clearest message we can send to such employers.

Brendan Howlin (Wexford, Labour)
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It is odd that just 22 countries have ratified the convention, given that it was passed by the UN General Assembly.

Micheál Martin (Cork South Central, Fianna Fail)
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It is odd. I will not say anything else about it.