Seanad debates

Wednesday, 29 January 2003

Immigration Bill, 2002: Committee Stage (Resumed).

 

A measure of the relative degree of wrongdoing on either side of the contractual relationship between employer and non-national employee in this situation can be seen in subsection (3), which specifies the punishments. For the employee, the offence is minor, triable summarily in the District Court and subject to a maximum fine of €3,000 and/or 12 months' imprisonment. The employer offence, on the other hand, can be prosecuted either as a summary offence or in the Circuit Court on indictment. If prosecuted on indictment, an employer may be fined up to €250,000 and may in addition face a prison sentence of up to ten years. This approach reflects the Government's view that there is scope for an employer to commit wrongs of a considerably greater magnitude than those committed by an employee. I accept, of course, that this is not likely to be the situation in all cases.

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