Feargal Quinn (Independent) | Oireachtas source

I know. Perhaps I could urge with more vigour, but I would have loved it had the Seanad been able to agree the Bill quickly and pass it to the Dáil. I have spoken to members of the Technical Group in the Dáil and they are agreeable to taking over responsibility for the Bill when it is before that House. In this way, Government time might not be required to pass the Bill in the Dáil.

I gather there is no enthusiasm on the Government side to do this.

I emphasise the urgency of the Bill, as there are so many cases of exploitation that have not yet come to light. This legislation could empower those who have been exploited to come forward. I regret the representatives of the Migrant Rights Centre of Ireland are not in the Gallery, although they are visiting the Houses today. The centre has dealt with approximately 169 cases of forced labour over the past six years in Ireland, and it is likely that this is the tip of the iceberg, with many other workers too frightened to come forward. This type of forced labour has been described as modern slavery, with coercion and psychological abuse being used to extract consent in a range of a explicit or subtle ways. For example, a person may withhold a passport or legal documents or otherwise threaten a worker's family. These workers mainly operate in non-unionised, unregulated sectors such as private homes, agriculture, the restaurant and entertainment industries and care and construction areas.

Ms Gráinne O'Toole of the Migrant Rights Centre of Ireland has argued:

There is no justice for workers who have been subjected to this severe exploitation and unscrupulous employers continuing to profit from this heinous act. This court ruling is devastating, not only for Mr. Younis but for all undocumented migrants left without protection against exploitation under Irish labour law.

She also indicates:

[T]he law as it is now interpreted gives a green light to exploitative employers. Other countries have protections in place where undocumented workers who have had their employment rights violated can seek legal redress. The Government must act immediately to guarantee that undocumented workers are protected under employment law.

This Bill also aims to ensure protection for those who have been subjected to forced labour, as this protection does not exist. The Migrant Rights Centre of Ireland is supporting the Bill with enthusiasm.

I understand the Minister of State is working on a Bill that will introduce comprehensive and much-needed reforms to the employment permits regime but it is likely to be some time before that is published. It is on the B list of the Government's legislative programme, and even when it is published, securing parliamentary time for debate may delay passage. If we procrastinate too long, who knows how many more people will suffer as a result? Politicians are often criticised for waiting too long and we have an opportunity to change that perception with this legislation.

I appreciate that the Minister of State may argue the Attorney General has not yet formed a view on the best way to solve the issue raised by the Hussein decision. I have had the Bill examined by a number of experts, including an employment law expert who is a partner in a major law firm, and I have been advised that the Bill is watertight. I urge the Minister to consider taking the Bill through the Houses as soon as possible. Even if the Bill passes all Stages today, there would still be time between now and the Bill's initiation in the Dáil for the Attorney General to reach a conclusion. Passing the Bill will not preclude the Attorney General from reaching that conclusion.

It is extremely unusual for a judge to forward a copy of his decision to the Ceann Comhairle, the Cathaoirleach of the Seanad and a Minister. That is what makes this case and the need for this legislation all the more striking. A logical interpretation is that so unhappy was Mr. Justice Hogan at the inherent injustice in the findings he felt compelled to reach that he wanted to flag to us, as legislators, that this is an area of law to which we should turn our attention. This is part of the healthy dialogue between the Legislature and Judiciary which serves the public interest.

We are here as legislators and we must not forget our primary goal. Our aim must be to improve the lives of citizens through the laws that protect them. This Bill will achieve an aim of improving people's quality of life. We must bear in mind at all times that the people suffering as we speak who are too frightened to come forward are the unknown faces that could be forced to work in a local restaurant in any local town or village or as a cleaner in a neighbour's house. This modern-day slavery so-called is alive and well and we must do more to prevent such forced labour.

How does this still happen in 2012? We can do something about this through this Bill, and we must remember that we can act now. I know the Minister of State has a Bill that will cover this and many other items but it is important to realise that this Bill could be incorporated into that legislation. That may take a year but in that year we could lose the trust and confidence of many people who are being exploited. I urge the Minister of State to accept the Bill.