Seanad debates

Wednesday, 25 February 2004

Industrial Relations (Miscellaneous Provisions) Bill 2003: Second Stage.

 

12:00 pm

Derek McDowell (Labour)

This difficulty would be best resolved by putting us in Government as it only arises in the context of Opposition. I suppose in a sense we are just moaning about our impotence on the Opposition benches, or as may be, on the Government back benches. There is no doubt that the existence of the process, particularly as it expanded over the years to include the voluntary and community sector, has tended to sideline politicians, whether in Government or Opposition. Many of us feel the need to re-establish a relationship, whether by bringing the process into this House or to the committees. We need to re-establish a better balance.

I wish to address the issue of immigrant workers. When setting out these mechanisms we leave an increasingly large group of workers, namely immigrants, totally unprotected within our system. This is largely because employers own the work permits and the immigrant workers come here on the basis of the permit issued to the employer. They do not have the right to work for whomever they wish but only in a particular job for a particular employer. This establishes a relationship where the employee is very much the junior partner and not in a position to negotiate, good, bad or indifferent.

Some EU directives on the matter are awaiting implementation in this country and this is an issue of which we must become increasingly conscious. Our colleagues in the trade union movement have made an effort to organise immigrant workers, with some success in many larger enterprises but without success in many others. We are in the position where we must deal with the issue directly. We must acknowledge the particular position in which immigrant workers find themselves. I ask the Minister of State to address that issue and to outline whether it is the Government's intention to legislate with regard to immigrant workers, specifically to change the provision whereby the permit is in the hands of the employer.

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