Martin Mansergh (Fianna Fail)

I welcome the Minister to the House and regard this Bill as enlightened labour legislation, continuing a tradition that goes back to 1946 and which includes the Industrial Relations Act of 1990 and health and safety legislation. It is major legislation, for which I congratulate the Minister.

We all remember that in the late 1990s, in the full flush of the Celtic tiger economy, the economic migration and asylum system was somewhat ad hoc and chaotic. I am delighted that we have managed, over the last nine years, to put that area in order, largely speaking. I congratulate the Minister on this excellent Bill.

An issue that is of wider interest than just employment policy is the use of the term "foreign national" instead of "non-national". That is clearly an enlightened move because "non-national" could imply that one is referring to stateless persons, which is obviously not the case.

Along with three other Members of the Oireachtas, who are members of the Committees on Finance and Public Service, and Enterprise and Small Business, I attended an economic conference in Munich earlier this month, which was discussing off-shoring, out-sourcing and migration policies. Speaker after speaker referred to Ireland as an EU country that had got its migration policy broadly right and had benefitted from inward migration. The implication was that some of the larger continental countries had got it wrong and were having great difficulty filling highly-paid posts in sectors where, despite unemployment rates of 11%, there were skills shortages.

Factors such as our taxation policy, education system, membership of the eurozone and English-speaking population have made Ireland an extremely attractive place in which to do business, which attracts people to the country. Part of the problem 70 years ago was that conditions were more attractive in other countries, including the United States of America and Great Britain, which was why emigration continued. We have reversed that situation, I am glad to say, in the last ten years in particular.

Having made Ireland a very attractive place to do business, we need people who can carry out that business. Members will remember that 20 years ago there were skills shortages in certain areas. The expansion of European Union and the provisions of this legislation give us enormous flexibility. We are no longer forced to rely solely on the people we can train and educate ourselves. I have read supplements and long articles in French newspapers encouraging young graduates to seek employment in Ireland rather than demonstrating on the streets about employment law in France. The legislation will enable us to avoid acute labour shortages.

The Bill provides that the minimum wage will be specified on employment permits. What will happen where there are agreed minimum wage rates for a particular industry or sector? Is it to be understood by those obtaining work permits that such agreed rates will apply to them, rather than just the national statutory minimum wage?

I agree that the experience of the work permit system to date has been that it was lopsided and that exploitation undoubtedly took place. People felt vulnerable and dependent and, in that context, I welcome the fact the employees will be given the work permit and will be able to move, at least within the relevant sector, if necessary. That will contribute efficiencies to the whole economy. I also hope the Bill, along with other measures, will contribute to a successful outcome to the current social partnership talks.

I wish to draw the Minister's attention to an issue of concern. As public representatives, we regularly receive queries regarding employment permits. Sometimes people allow their permits to lapse briefly and encounter problems. They receive draft deportation orders and so forth. I recall, in particular, the case of a South African cook, who was very much appreciated in Tipperary town. He attended an employment conference addressed by the Tánaiste and former Minister for Enterprise, Trade and Employment, Deputy Harney, in 2000. At that time, which was prior to EU enlargement, the Department was busy recruiting people from other parts of the world. The man was facing a deportation order and found it very difficult to obtain an early response, either from the Department of Enterprise, Trade and Employment or the Department of Justice, Equality and Law Reform, to representations made on the matter. There will always be queries at the edges of the system and I would welcome a more streamlined and prompt response to correspondence or telephone calls.

I do not accept many of the reservations about the Bill expressed by Senator Norris. With all due respect, we are not talking about the children of the nation but about foreign nationals. Provided it is done in a clear and transparent manner, every country is entitled to make arrangements that accord with its own interests, even if it means differentiating between categories of people. It is also right that the Minister has a degree of flexibility in this area and can adjust the system at the edges according to labour market conditions. I have no difficulty in entrusting that power to him.

Concerns are expressed about Ireland drawing well-qualified people from countries where they are badly needed. However, there is a positive way of looking at that issue. Such people are gaining valuable work experience and are earning money. In some cases, they are building up a fund which will enable them to set up a business at home. While some will stay here and settle, many people will be here for only a two, three, four or five year period. They will then return home and that will be of benefit to their countries.

There was some correspondence in the newspapers, especially The Irish Times, suggesting that since we joined the European Union, and especially having regard to the state to which it has got now, we have lost 70% or 80% of our sovereignty. This legislation is a response to that. This is not EU-dictated legislation. It is us deciding on the appropriate employment permits regime we want and it clearly differs from some other EU countries. This process appears to be a clear exercise of sovereignty.

I congratulate the Minister on what I consider to be landmark social legislation which I believe will be of great benefit in helping to sustain the prosperity and forward momentum of this economy.