Michael D Higgins (Galway West, Labour)
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Question 77: To ask the Minister for Enterprise; Trade and Innovation the steps he will take to prevent the exploitation of domestic workers, particularly migrant workers in such positions; and if he will make a statement on the matter. [36395/10]

Michael D Higgins (Galway West, Labour)
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Question 85: To ask the Minister for Enterprise; Trade and Innovation if his attention has been drawn to the report published by the Migrant Rights Centre of Ireland, entitled Work Permits and Expoitation:Time for Reform, seeking changes in the current arrangements for issuing work permits to those from outside the EEA which it claimed was leading to exploitation of workers; his plans to change the current regime; and if he will make a statement on the matter. [36394/10]

Dara Calleary (Mayo, Fianna Fail)
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I propose to take Questions Nos. 77 and 85 together.

I am aware of the recent report by the Migrant Rights Centre of Ireland, Work Permits and Exploitation: Time For Reform, in the context of proposing changes to the system of issuing work permits. The employment permits system and the treatment of migrant workers has significantly changed in recent years. These changes have sought to strike the correct balance between the rights of the individual employee, the employer and the constantly changing needs of the labour market.

Under the Employment Permits Act 2006, individual employees were given the right to apply for their own permit and to change employer after a period of a year. In August 2009 a new initiative was introduced dispensing with the requirement of a work permit for those who have been working lawfully and who have held an employment permit for five consecutive years. This allows an employee full access to the labour market for any type of job and any employer.

An undocumented scheme has also been introduced allowing those who have become undocumented through no fault of their own and who previously held a work permit to regularise their situations. In addition, a scheme to assist persons made redundant has also been introduced and the period to allow a person get a job has been extended to six months.

Ireland's body of employment rights legislation and in particular the Protection of Employees (Part-Time Work) Act 2001 protects all workers employed on an employer-employee basis in Ireland. The National Employment Rights Authority, NERA, is responsible for monitoring and enforcing compliance with certain employment conditions for all categories of workers in Ireland, including migrant workers. Where evidence of non-compliance with the relevant employment rights legislation is found, NERA works with the employer in the first instance to achieve compliance. Where breaches are not rectified or where there are substantial breaches of employment rights legislation, NERA may initiate a prosecution. In 2009, €2.5 million in unpaid wages was recovered for over 6,000 workers, including migrants who were identified as having been paid less than their statutory minimum entitlements.

A code of practice for protecting persons employed in other people's homes has been prepared under the Industrial Relations Act 1990. The code sets out certain employment rights and protections, encourages good practice and compliance with the law and increases awareness of the application of relevant legislation for persons employed in other people's homes.

There are also other avenues of redress where breaches of employment rights occur, such as referrals to the Rights Commissioners and the Employment Appeals Tribunal. The range of new measures now in place has substantially improved the situation for all workers, including those on employment permits. It is important to retain the current controls within the employment permits system as they operate to protect employees by allowing the system to trace employers who employ permit holders. The current arrangements for moving jobs are sufficiently flexible in the current circumstances.

Willie Penrose (Longford-Westmeath, Labour)
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I thank the Minister of State for his comprehensive reply, even though I totally disagree with the last part of it. The following is a statement from one migrant domestic worker:

The permit is like a chain around your neck. I couldn't leave my job. I was told by my employer that if I leave I will be illegal here and not be able to find another job. He said that I would be sent back home in shackles.

On hearing this at a meeting of the Joint Committee on Enterprise, Trade and Employment, one was ashamed to be Irish. I believe the Minister of State is aware of the audio recording. In fairness to him, he has some sympathy with the case.

We all know the Minister must run the system correctly and that it cannot be blackguarded in any way. I know the point Minister of State is making. However, does he not agree that one should be allowed to change employer by notifying the Minister that is one is changing from employer Deputy Morgan, politician, to employer Deputy Penrose, politician, for example? It is a case of moving from like to like - it is not a case of going all over the place within the 12-month period.

Can what I propose not be achieved through a simple administrative change? There is no need to introduce any legislation. A simple administrative change would suffice. It would give people the right to freely change employer to ensure they are not exploited, and that what was outlined on the audio tape, which shamed us as Irish people, will never again be visited upon people. I am frightened to think that any of my six uncles and two aunts who emigrated in the 1940s and 1950s, or any others who emigrated, would have been subjected to what I heard about. I was ashamed to be Irish on hearing it.

Dara Calleary (Mayo, Fianna Fail)
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I am aware of the audio recording. It refers specifically to a person employed in the home. I referred to people employed in somebody else's home in my response. The issue of constitutional protection of the place of residence arises.

If a person is being exploited in his work relationship, we will change his permit within four weeks. We have an express procedure in place-----

Willie Penrose (Longford-Westmeath, Labour)
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At what cost?

Dara Calleary (Mayo, Fianna Fail)
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-----to facilitate him.

If anybody is aware of an incident in which any worker, a migrant or otherwise, has been mistreated, he should inform the relevant authorities. NERA comes in for a lot of criticism in this House.

Willie Penrose (Longford-Westmeath, Labour)
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It will be subjected to more.

Dara Calleary (Mayo, Fianna Fail)
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However, it is resourced with 90 inspectors, ten of whom have foreign language skills, to assist people in this position. I am happy that those arrangements offer the maximum protection we can give at this time.

Arthur Morgan (Louth, Sinn Fein)
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To follow on from Deputy Penrose, domestic workers are clearly exposed. We know that from the MRCI, which tells us that the majority of complaints it receives are from the domestic employment sector. I heard the audio recording to which Deputy Penrose referred.

I accept the Minister of State's point on NERA not being able to inspect the home. Is he considering doing anything in particular to try to rule out the exploitation that is taking place, particularly of domestic workers who were isolated? Their circumstances are shocking. I agree with Deputy Penrose that the audio recording was shocking. Clearly, the circumstances described are fairly widespread in the domestic sector.

Dara Calleary (Mayo, Fianna Fail)
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The allegation that the circumstances described are widespread in the domestic sector has no independent evidence to support it. Our hands are tied by the protections we give to the primary domestic residence, particularly as a place of employment. The issue is far broader than that of protection.

If anybody in this House or outside it is aware of a worker in any circumstances being mistreated-----

Arthur Morgan (Louth, Sinn Fein)
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They are afraid to tell us.

Dara Calleary (Mayo, Fianna Fail)
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NERA is in operation and we have procedures in place to switch a work permit quickly.

I am happy with the controls we have in place. We were criticised yesterday for issuing too many permits, yet today people are looking for more permits. I am happy with the level of control in place and that NERA has enough inspectors, including inspectors with foreign language skills, to address the problem.

Richard Bruton (Dublin North Central, Fine Gael)
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If a person is deemed to have a scarce skill that is needed in this country, why does the Minister not allow that person to change employer during the currency of his permit and in respect of the skill for which the permit was granted? I do not refer to the extension of the permit but to moving employer during the currency of the permit. Has the Minister of State considered this? It is an issue that the group felt was reasonable.

Willie Penrose (Longford-Westmeath, Labour)
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In that context, why charge the permit holder anything? The Minister already knows who the permit holders are and has already authenticated their necessary skills. When they want to change employer, why charge them?

Dara Calleary (Mayo, Fianna Fail)
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We have developed a vacancy-driven employment permit system. We are happy that there are controls on permits in place. The issue of charging people who must change for whatever reason, particularly those in an abusive relationship, is one that I am willing to consider but the system we have in place has evolved and we made substantial changes thereto in June 2009 to reflect current market conditions. One should remember the system cannot operate in isolation from our current labour market conditions.