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Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Civil Engagement Group for all of its work on this. I am aware of the Senator's passion for social justice and the rights of all workers, and I appreciate and value that. The amendment calls for a report to be laid before the Houses of the Oireachtas reviewing the conditions and wages of workers holding a seasonal employment permit. The Senator is correct; for such workers it...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The amendment calls for a report to be laid before both Houses of the Oireachtas outlining the labour market access available to spouses of employment permit holders. It looks in particular to the gender impact, which I appreciate is the lens the Civil Engagement Group is focusing on. I thank the Senator for the intervention. She has made an important point. Unfortunately, I cannot...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Senator very much. "No" is the answer to her question. We do not believe we are doing so. There is a lot of oversight baked into this system. I appreciate the Senator's intention, but I am not in a position to accept the amendment. The amendment seeks a report to review the terms, conditions and remuneration afforded to workers holding regular permits and seasonal permits,...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The point Senator Black makes is a very interesting one. She is right in what she has said. It may be feasible to include a reference to the right to join a union in the employment rights information that is already being provided to permit holders. I will instruct my officials to work with Senator Black on that.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: This amendment adjusts section 8 regarding the non-application of section 7 to certain foreign nationals. Its purpose is to ensure that applicants or those who have been granted status within the meaning of the European Communities (Reception Conditions) Regulations 2018 can directly access the labour market without a requirement to hold an employment permit in the State. In effect, this...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: Amendment No. 9 also adjusts section 8. It is again on the non-application of section 7 to certain foreign nationals by amending subsection (1)(f) to ensure that family members of officials of international organisations, assigned to work in the State under the Diplomatic Relations and Immunities Act are exempt from the requirements of the employment permits legislation. This amendment...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: This is a technical amendment to adjust the meaning of section 8 (2).

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Senator. I understand that this issue was raised on Report Stage in the Dáil. Officials have noted that the intention of the amendment, which is to insert the contact details of both ICTU and the WRC on the permit, is already provided for in the regulation-making powers of the Bill and, therefore, the amendment would duplicate the role of regulation-making powers available...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I appreciate where the Senator is coming from but our legal advice is that this is not a matter for primary legislation. I am happy to engage with him, outside of the legislative process, to see how we can make this happen at a practical level. This is not a matter for legislation so I will not accept the amendment.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: If the Senator sends me details of that particular case, I will look into it for him. On the issue raised by Senator Dooley, as he said, this can be dealt with by regulation. It is something that we can examine for him. We want to make sure we have an efficient and fair system but, ultimately, this always comes down to the guardrails, and the guardrails are that 50:50 rule, which is that...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The Senator is correct that many companies, including those in his constituency, are struggling to find employees at the moment. That is why it is so important that we make sure we have a system that is fair, quick and easily accessible to both employers and people seeking work. Thankfully, we have a very good situation in Ireland where, at the moment, we have almost full employment. The...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: It absolutely can be done through regulation, although we have not decided whether it will be. I am happy to take further correspondence on that.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I will open by giving my absolute assurance that we are genuine about wanting to protect vulnerable workers. The amendment the Senator tabled would add a new provision to the Bill that would effectively blacklist employers convicted of a wide range of employment rights breaches. This would represent a major change to the labour market enforcement system as it applies to the third country...

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: The amendments in this group are technical amendments, including textual changes and changes to cross-referencing.

Seanad: Employment Permits Bill 2022: Committee Stage (22 May 2024)

Emer Higgins: I thank the Senator for this amendment. I fully agree with his intentions here, and this amendment aligns with Government position with regard to changing employer through a parallel process that is not a new employment permit application. The amendment requires a 12-month period for which a permit holder will be linked to an employer and we have actually gone further than that in this...

Written Answers — Department of Enterprise, Trade and Employment: Tobacco Control Measures (22 May 2024)

Emer Higgins: The Public Health (Tobacco Products and Nicotine Inhaling Products) Amendment) Bill 2024 is a matter for my colleague Minister for Health, Stephen Donnelly TD. This Bill refers to the commencement of section 28 of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act. I have been consulted on this and I support these changes. I have also asked that I be appraised of...

Written Answers — Department of Enterprise, Trade and Employment: Work Permits (22 May 2024)

Emer Higgins: On 15th May, my colleague, Minister for Justice McEntee, and I announced that Government approval had been secured for a number of key actions to increase Ireland's competitiveness in attracting the skills and talent our economy and society needs. A key component of this was the approval to implement a single permit for both employment and residence in Ireland. Currently applicants must...

Written Answers — Department of Enterprise, Trade and Employment: Employment Rights (22 May 2024)

Emer Higgins: Ireland has a comprehensive body of employment, equality, and industrial relations legislation, in respect of which the Workplace Relations Commission (WRC) is mandated to secure compliance. Ireland’s employment rights legislation protects all employees who are legally employed on an employer-employee basis. Mechanisms exist for the determination of employment status. Where an issue...

Written Answers — Department of Enterprise, Trade and Employment: Employment Rights (22 May 2024)

Emer Higgins: The Chairman of the Labour Court wrote to me on the 19 April 2024 confirming that the Court has adopted proposals for an Employment Regulation Order ('ERO') in the contract cleaning industry and the matter is receiving due consideration in accordance with my statutory role. I will confirm my decision shortly. The draft proposal is available to view on the Labour Court’s website.

Written Answers — Department of Enterprise, Trade and Employment: Immigration Policy (22 May 2024)

Emer Higgins: The Minister for Enterprise, Trade & Employment is to increase targeted workplace inspections in sectors or firms where there is an increased risk or reports of non-compliance with the range of employment and workplace requirements and permit regulations as part of a suite of measures announced by the Government last week. The Workplace Relations Commission (WRC) will increase its...

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