Seanad debates

Wednesday, 28 November 2012

Employment Permits (Amendment) Bill 2012: Second Stage

 

1:05 pm

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

I rise today because this is a serious issue. I thank Senator Quinn for putting it on the agenda. The Bill is a one-page document. Someone once stated that he was a one-page man. However, one page containing valuable information that is succinctly put is better than 10,000 words that say nothing. Will the Minister of State consider the Bill? I do not know what answer he will give, but perhaps he could model any response on the Bill. It covers what needs to be covered in a short, readable way.

I was struck by the action taken by Mr. Justice Hogan in his judgment. His hands were tied behind his back. According to my reading of the judgment, had he the power there and then to say that the law was an ass and to change it, he would have done so. However, he does not have that power. As two Senators have stated, the Seanad is privileged, in that it has some power to change legislation, although this may seldom be recognised.

Private Members' business is not used or abused in the Seanad for the sake of publicity as may be the case in the Lower House on Friday afternoons. It is used when necessary. The Minister of State might take this point into consideration.

As Senator Quinn stated, Mr. Mohammad Younis has been the victim of the most appalling exploitation in respect of which he has no effective recourse. That this can be said of any person in Ireland means that we should all hang our heads in shame. In the past six years, there have been 160 cases, but we cannot even stand over one.

I do not know whether the Minister of State has a timeframe for legislation, but something must be done. I commend Senator Quinn on introducing this Bill, as Mr. Justice Hogan stated that it fell to the Legislature to remedy this anomalous situation for certain foreign national workers. The judge could not do anything but act in accordance with the law and, has been stated, the judgment is correct in legal terms, but everyone can see that the law needs changing.

The Bill places employees on the same footing as employers. Why should each employee not have his or her rights regarded? Much has been stated about the exploitation of workers. We did not need to watch films of slave labour. One need only remember instances of slave labour in any country, including ours. We should be past that day, but we must ensure that there are laws against unscrupulous employers. Good employers of foreign nationals have had their names blackened. Everyone cannot be tarred with the same brush, but some unscrupulous employers will take advantage, and even more so now that they know advantage can be taken. This possibility should urge the Minister of State to prioritise the issue.

As Senator Clune mentioned, the employer had the neck to appeal the case to the High Court. In one way it is good that he did, as it showed up the loophole in the legislation. On the other hand, it revealed that loophole to other employers. The quicker it is closed, the better.

I commend the migrant rights associations and those individuals who are highlighting this issue and bringing it to the fore for the Oireachtas. No one should be proud of forced labour and we would hate it if any of our citizens was subjected to it abroad.

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