Seanad debates

Wednesday, 13 April 2005

Rights of Migrant Workers: Statements.

 

12:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

I welcome the Minister of State to the House. The appalling conditions experienced by many migrant workers in this country are a national disgrace. Unscrupulous employers are responsible but the Government must share the responsibility for its failure to take prompt and decisive action in the area. Employers found to be in breach of the regulations should if possible be jailed. The Leader was correct in saying that the Department must take a more proactive role. There is no point in waiting until it hears of problems. The Department should seek out problems and find out what is happening with migrant workers.

Gama has been regularly mentioned, but we have seen breaches of regulations in the Irish shipping industry, in the health service and in many other areas. The minimum wage legislation has been breached and very little action has been taken against the culprits. Under the relevant Act, the penalties for non-compliance are derisory and should be urgently changed.

We have about 17 inspectors to inspect and police the labour force of probably 1.5 million workers. The number of dog inspectors, about 50, is more than the number of inspectors policing the workforce. I welcome the 11 extra labour inspectors. It is a case of "too little, too late" but they must be welcomed. Their brief should be to be proactive, as the Leader said, rather than wait for complaints. Their job is to go among the workforce, into the factories and wherever people are working.

It was stated recently in a newspaper article that last year, the then Minister for Finance, the former Deputy McCreevy, wanted to increase the number of labour inspectors but the initiative was obstructed and sabotaged by the Department of Enterprise, Trade and Employment. Did this happen? The question needs to be answered. At the time, the Minister in that Department saw its main duty as smoothing the path of business, with no obvious need for labour inspectors despite the repeated allegations of abuse of migrant workers. As a result of public opinion, particularly with regard to Gama, the situation has clearly changed.

However, we have seen little action. When will legislation be introduced to ensure adequate penalties are put in place to penalise people who do not comply with labour law and regulations?

The Minister alluded to the work permit situation. I thought his response very woolly. We need legislation to deal with this area as the current policy does not work and only adds to the suggestion that what we promote is a type of slave labour. The Department states that its policy should be informed by the imperative to address the identified labour and skill needs in the economy. Giving work permits to employees rather than employers will not affect that; it may actually help. There is a need for radical restructuring of policy in the area. We need it now. The time for reports and promises is long gone. We need action from the Minister rather than words.

Some people may be prepared to see our roads, tunnels and other important infrastructure being built by workers who work ridiculously long hours for ridiculously low pay, workers who are vulnerable and afraid to speak out in many instances. I am not prepared to see this proud country sink to such a low, which is what is happening. The Government must act to ensure justice is done and seen to be done in this regard. I understand the Department is in possession of a recent report which suggests reforms that will ensure the burden of compliance will be switched to firms. Greater penalties are also suggested. When will the legislation be introduced?

I note from the Minister's speech that he received a report of the investigation of the labour inspector into alleged breaches of employment rights with regard to Gama. He further stated that the labour inspectorate is continuing its investigation and that if breaches of employment legislation are found, the legislation will be enforced in full. Does this mean we will receive another report following the current one? The Minister's speech is confusing because he mentions that he cannot publish the current report because of the High Court challenge, but he still speaks of a continuing investigation. Will the Minister of State clarify that?

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