Tony Killeen (Clare, Fianna Fail)

I commend the Seanad on having facilitated this very important debate. I strongly support the Minister for Enterprise, Trade and Employment, Deputy Martin, in his undertakings in this regard. I also greatly appreciate the work of the labour inspectorate and departmental officials, particularly over the last few weeks, in which an enormous amount of work was done in a very short time. I thank those Senators who contributed to the debate and I will try to respond to the points made. Sometimes that is a little difficult, since I tend to pick out one or two when people may have made much more rounded contributions.

Senator Coghlan asked a very important question when he sought assurances that each Gama worker would get the full amount due to him. As the Minister said in his opening address, that is our intention. Every effort will be made to ensure that all Gama workers, past and present, are given their due entitlements and that their terms and conditions of work are in accordance with the law and honoured in full. I can certainly give that assurance.

Senator Morrissey asked several questions, among them how the work permits section checks when work permits are being renewed that people have been paid the amount undertaken in the original application. That is checked through the P60 system which document is sought for renewal of a work permit. Senator Norris made several points. Previous examinations of this situation and others did not throw up the facts that appear to have come to light in this instance, and that is regrettable. Senator Henry referred to family reunification issues, something we will have to address as a nation as realistically we have a very large number of non-nationals working in the economy, many of whom are likely to wish to stay here for a considerable period or perhaps for the rest of their lives.

Senator Leyden congratulated the Minister on the work he had done to date and made the very important point that we must publish the report. One hopes that, when the injunction is lifted, that will be the case. Senator McCarthy, among other issues, questioned the awarding of contracts. That is one of the issues that has not been a central focus owing to fears and concerns regarding the workers, but the Government will consider it. It is very important that there be a level playing field and fair play in that regard.

Senator O'Rourke made the point that there ought to be more formal interaction with migrant workers to enable them to make the inspectorate and others aware of any difficulties regarding their employment. That is one of the difficulties that we have had, since we have not really been able to get that information as readily as one would from English-speaking workers. In that regard, I pay tribute to Deputy Joe Higgins for his work on this problem and also to SIPTU, which has consistently argued for an increase in the number of labour inspectors, pointing out that there have been concerns regarding migrant workers. I also met representatives of the Migrant Rights Centre, which I found extremely helpful in pointing out what difficulties there might be. It is fair to say that, all things considered, a considerable amount of additional light has been cast on the entire area of migrant workers, their contribution to our economy, how they are being treated and how they should be treated. We certainly need to go forward from here to ensure that such issues are dealt with.

I heard several speakers, including Senator Cummins whose central point concerned the need for additional vigilance and stronger legislation and enforcement. Inevitably, that will emerge from this debate. Senator Feighan referred, as did other speakers, to the historical change in our own role from being the people who were the migrant workers to being those whose economy now needs such workers. Senator Glynn regretted the need for the debate, while simultaneously welcoming it. In a sense, that encapsulates what we all feel about this situation.

Senator Hanafin welcomed the Minister's commitment, given in his speech this morning and his work over recent weeks, which I strongly support. Senator Moylan once again made the point about competition in a situation where some employers may not be paying the correct rates or may have people working longer hours than is legal. It is impossible for those who comply with the legislation to compete for the awarding of contracts. It is perhaps also suggested that we should check more carefully regarding other migrant workers.

There are already some positives emerging from today's debate and what has happened since 8 February. First, there is the appointment of the additional labour inspectors, a step to which I committed myself very soon after my appointment in September 2004. I am delighted we will have 11 more people in this role. It will have an enormously positive impact on the quality of the workplace for everyone in employment, something of which we sometimes lose sight. We have very successfully increased our workforce from just over 1.1 million to over 1.9 million, but we must also consider the quality of that experience for people, since there are factors besides pay that encourage people to participate. I am delighted that we will have the additional labour inspectors to assist us in that regard. It is also important to point out that it would not matter how many inspectors one had if one did not have the evidence and co-operation of workers to ensure that matters alleged can be pursued. One hopes that we will see that in the outcome of this case in the coming months. I look forward to the publication of the report when the injunction is lifted and welcome what the Minister said in that regard earlier today.

As many Senators may be aware, I announced the national minimum wage increase with effect from 1 May. The minimum wage area ties in very closely with much of what has been happening over the past few days regarding what the inspectors have been trying to establish and what speakers have been seeking here. We must remember that the minimum wage can be enforced, as can the registered employment agreement rates. However, currently, in the construction industry, these range from €7.36 to €8.09 per hour. A difficulty regarding the rate means that it has not been updated since 1998. The joint industrial council norm is €16.20, but that is currently not enforceable, something that may well turn out to be a problem.

It is also important to reiterate what the Minister said regarding the entitlements of migrant workers. They have precisely the same rights under our labour legislation as everyone else, and those rights will be vindicated. Sometimes the State may move slowly and is frequently the butt of criticism for the fact that procedures are somewhat slow and may seem tedious. However, there are very good reasons for that. We operate within the law, expecting and demanding that employers and others do the same. We must be prepared to do the same ourselves and if matters go to court, they are adjudicated on at that point.

I should also point out that we have an enormous amount of labour legislation, a very confusing corpus with a great number of Acts and provisions that cross over each other. I hope to draw all that legislation together, making the machinery of labour relations considerably more user-friendly than at present. It is something of an ordeal for someone to work through it. Ultimately, that will be to everyone's benefit. I am glad to report that I have the support of the social partners and the Government in seeking to make that move. It will make a very positive contribution to resolving difficulties such as those we are discussing today.

Several speakers referred to the number of work permits. In 1999, we issued only 6,000 such permits. By 2003, that figure had risen to 48,000. An enormous workload was imposed on the section. To be fair, most people would agree that the most important requirement of the State was that the positions that needed to be filled and the workers necessary to enable to economy to grow were provided. Perhaps we did not provide as much expertise or support to those issuing the work permits as we should have done. We certainly have lessons to learn from today; we will do so and act on them.

The Minister referred to the proposed employment permits Bill and the possibility of introducing a green card system. While such a system would address some of the difficulties, I am not sure that it would not create other small difficulties. We will need to be vigilant to ensure that a good balance is struck. The current system has some advantages for employees — for example, employers are eventually checked when they make applications. That process would become more difficult if authorisations, in the form of green cards, were held by employees. We can examine that aspect of the matter carefully in the context of the debate on the forthcoming Bill.

As the Minister said, people from the accession states and elsewhere in the European Economic Area have had full employment rights in this jurisdiction since 1 May 2004. Ireland's decision to give them such rights was warmly welcomed by other EU member states, particularly the accession states. It has drawn admiration from some countries which have been EU member states for a long time. They are impressed that a small open economy with a relatively small population has taken what is acknowledged to be a brave step by allowing people from the accession states to work in this country without work permits. The system we have introduced has worked well. The House should bear in mind that there are over 19 million unemployed people in the EU. As a member of the Union, Ireland is obliged not to walk away from such people.

We often refer to work permits, but we should remember that there are four different forms of work permit — I refer to the work authorisation system, the visa system, the inter-company transfer authorisation system, which is very important, and the system of permits for service contracts. The area is much wider and more complex than people realise. Perhaps it was inevitable that difficulties would arise, but the Government and the Parliament need to respond by taking action on foot of what has been discovered. I assure the House that will be done.