Seanad debates

Wednesday, 13 April 2005

Rights of Migrant Workers: Statements.

 

12:00 pm

Photo of Mary O'RourkeMary O'Rourke (Fianna Fail)

I am glad to be able to speak on this issue. Over the years, we have had little experience of migrant workers because of emigration patterns. That does not, however, excuse in any way what has occurred in this case, far from it. It is difficult to imagine Ireland having a difficulty with migrant workers, given the way Irish emigrants were treated in other countries in the past. Senator McCarthy referred to the Gama company, which is the most obvious case. It has been cited in all the newspapers and while we all know about it, it is only the tip of the iceberg. The Gama case is instructive, given what it has highlighted. I am glad that Deputy Joe Higgins raised the matter and I regret that his work in this regard has not been commended. We are inclined to say, "Oh, that fellow", but I feel he did the State a service by raising this issue. Who else would have stood up for the Gama workers? I do not know. I did not see anybody else on the horizon willing to do the rounds that Deputy Joe Higgins undertook. He deserves to be praised for having raised the matter, as do the workers for highlighting their case.

I was at the gates of Leinster House yesterday afternoon and was glad that the workers were able to bring their case to the Houses of the Oireachtas. It was a good day for the workers and for democracy. Over the years, so many Irish were badly treated abroad, working in run-down jobs for low pay. There was nobody to stand up for them, while the establishment lorded it over them. The previous speaker was right to point out that the sign "No Irish Need Apply" appeared in some places.

When there is a chance of highlighting such cases, they should be brought to public attention. We should begin at the beginning. Gama was able to quote a low-cost estimate for the work involved. All those jobs would have been hotly contested by various contractors, yet Gama was able to provide a cheap estimate because it was paying its workers €2.27 per hour when the going rate was €16.75. The Minister also quoted the figure of €12.60.

Much has been made of the fact that they knew the other money, which they should have been receiving, was going to a Dutch bank account. I do not understand why they were asked to sign a form in English, which meant their money would go to the Dutch bank. It is daft because those workers spoke very little English. When the issue was first raised we were told that no complaints had been received from Gama workers, but how could they complain? They did not know where Kildare Street was, or the labour inspectorate or the Department. Neither did they know how to go about contacting departmental officials or the Minister. They are in another country where they cannot speak the language and do not know the relevant addresses, so how could they know where to go with their complaints? Gama's contention that it had received no complaint from the workers was the silliest response to the matter. The workers did not speak the language and did not have the know-how to formally lodge a complaint.

I hope the Department will henceforth be much more proactive in dealing with migrant workers in order to see whether their complaints are well founded. Departmental officials should search for the relevant workers and ask them for information, rather than waiting passively. The Department should undertake a proactive campaign rather than merely stating that no complaints by Gama workers were received. That is shameful. The Department inspector should be out among migrant workers, asking if there are problems. If they do not understand English, the inspector should hire someone proficient in Turkish, Romanian, Croatian or whatever language is spoken by workers on the site. Those who speak the language of the country in which they live have a distinct advantage while those who do not are at a clear disadvantage.

I still do not understand why money was being lodged in Dutch bank accounts, or why the Gama directors will not allow the report to be published. They have asked the courts twice or perhaps three times for an injunction against the publication of the report. I understand the report was carried out by the inspectorate and the Department. The Minister said he will circulate it to the Garda and other bodies. It is a pity he did not do so on the day he received it because we would then understand the situation better. There must be something in the report injurious to Gama management, since it does not want it released. There can be no other explanation. If the report clears the management, why should it not allow it be released? I expect that the report is very condemnatory of the way in which Gama management has carried out its business. Gama was able to quote very low estimates for many jobs because it was paying much less to its workers than Irish employers observing labour law and paying the requisite rates. An injustice has been done in that regard. I do not know how the report will be released. If I were the Minister I would be considering that issue.

Senator McCarthy is correct regarding female migrant workers. I launched the relevant report in early December and it would make the hair stand on one's head. Those workers are in bonded slavery in this country. Women are brought in as crèche workers, housekeepers, nannies or whatever but in many cases are badly treated. Their cases are documented in black and white. I cannot recall the name of the report but it was startling. I heard someone ask how these workers dared tell their stories of employment. Why should they not tell them and talk of what was happening to them, and in so doing highlight their cases? Many are terrified. It is easy for us to suggest they be brave and speak up. If one is in another country, dependent on passage home, does not speak the language and does not have friends, one's instincts are to play safe and not speak up.

Senator McCarthy is correct. I read of a woman who arrived at Dublin Airport at 11 o'clock and went to the house where she was to work as a housekeeper or housemaid. The employer greeted her and gave her a list of jobs to be done in the morning. She was first to wash the dog, then to mow the neighbour's lawn. There were about 20 other instructions. Presumably she was expected to work like this every day.

I talked to many of these workers. We do not have enough interaction and are inclined to return to our old grooves and say these workers are lucky to get jobs and to be here. How could that be so? Their passage costs are stopped from their wages, which is fair if the arrangement has been entered into. I can understand that, but I cannot understand how they are treated as menials by jumped-up jackasses barely a day or two removed from whatever they worked at before. That they see fit to treat people in that fashion is a serious indictment of Ireland.

I know the Minister has promised 11 more labour inspectors. The jobs must be advertised and interviews and appointments must take place. That the numbers are to be increased by 50% almost overnight shows the Minister recognises the shortage. I congratulate the Minister on getting Cabinet approval so quickly for these appointments.

The employment laws must be obeyed. It is very good news that there will be more labour inspectors but I urge that they be proactive and not weakly wait for complaints to come from people who do not speak English and do not know where Kildare Street is. Can one imagine someone from another country marching to the gates of Leinster House and demanding to speak to someone who would ensure his or her rights? One would get short shrift if one tried that game. Accordingly, a more proactive approach is needed on the part of labour inspectors.

However it turns out, the Gama situation is only the tip of the iceberg regarding what is happening in other towns and areas. There are also numerous instances of great rapport between Irish employers and workers from other countries. I know of a mushroom industry outside Athlone which employs Latvians and Lithuanians who have been properly paid and housed and who have a great relationship with their employer. Many good stories do not surface but each bad story we hear is a blot on Ireland and on our record of how we treat employees.

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