David Norris (Independent)

That is the sort of information I welcome because my information is anecdotal and if the situation has improved, I welcome it.

Senator Leyden referred to the situation in Kenya. It is a country that must be beautiful in certain areas but the economic situation is horrendous. Many people want to leave and do not want to return. One of the problems arising from this is sophisticated and complex. We are cherry picking in areas such as health care, information and communications technology, construction, financial services, engineering and pharmaceutical biotechnology, skills which are badly needed in these poorer countries. We are impoverishing these people by removing their skills from their native environment. I acknowledge the difficulty that if we do not take them, someone else will, but it demonstrates the lack of balance. For that reason, I hesitate about this discriminatory idea of people earning over €60,000 enjoying immediate family reunification provisions when lower paid workers do not have the same access.

The Minister's explanation of the Bill was useful and I support much of it, such as the intercompany transfer scheme that brings us into line with the global economy. I do not see why the employer should have any right to apply for the employee's work permit. If the employee is concerned about it, he or she should be able to tell the employer to apply for it. I like the idea that the permit contains a statement of entitlements, including remuneration, and acknowledges in clear print a person's right to change employer. Often people felt as if they were bonded labourers.

Could there be a provision to deal with driving? A high proportion of accidents are caused by migrant workers. There should be a booklet made available to them containing the rules of the road and advice about where to get driving lessons. It might save some lives. I am not saying migrant workers are worse drivers than us but they are driving in unfamiliar circumstances.

Section 11 gives the Minister the right to vary the conditions for the granting of work permits in line with the economic policy of the Government of the time. The terms of any regulations enforced with regard to the granting of employment permits give power to the Minister and I hope these regulations will be put before the Oireachtas for approval, otherwise I will table an amendment. The ability to vary conditions and requirements for work permits without recourse to the Oireachtas grants a wide power to the Minister.

There are some good sections in the Bill. Section 26 prohibits an employer from penalising an employee who makes complaints to the Garda about mistreatment under this Act. What a terrible prospect. It is a reproach to us that we must introduce this provision because employers did penalise their workers for seeking to establish their rights. I am glad the Government is defending these rights.

The retention and making available of records is welcome, as is the maintenance of a register of employees. The scandals involving Turkish construction companies where there were no records or tax documents would not have been discovered without Deputy Joe Higgins.

It is also welcome that there is provision for the giving of evidence by live television link. Sometimes workers who have been badly treated, as we have seen historically, returned to their home country and found it difficult to return here, so this is useful. Permission is also granted under Schedule 2 to an employee to complain to a rights commissioner about breaches of this Act and the 2003 Act, a provision that must be welcomed.

In broad outline, I strongly support this Bill. Members from all sides have called for it on humanitarian terms. There is a balance in the Bill between a recognition of certain humanitarian elements and a strong element of self interest. It is up to the Minister and his advisors to balance these two elements and ensure that self interest does not overburden the provisions that are meant to take the welfare of the individual worker into account.