Seanad debates

Wednesday, 28 November 2012

Employment Permits (Amendment) Bill 2012: Second Stage

 

1:25 pm

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail) | Oireachtas source

Tá an-áthas orm go bhfuil an Bille seo ag teacht os ár gcomhair inniu mar tugann sé seans dúinn ár dtuairimí a nochtadh, ní hamháin ar an gcás atá luaite anseo ach ar an-chuid rudaí eile a bhaineann le fostaíocht agus le himirce. Baineann sé seo leis an Gaeil thar lear freisin. Molaim go mór an Seanadóir Feargal Quinn toisc an taighde a dhein sé agus gur cheap sé go raibh sé tábhachtach an scéal seo a thógaint amach go poiblí.

This Bill is welcome because it gives us an opportunity to express our views not just on the specific case of Mr. Younis but generally on some of the malpractices which apply in this area. It is possible that if Senator Feargal Quinn had not brought forward this Bill, and I am not suggesting any inactivity on the part of the Government because I am sure that is not the case, the opportunity would not have arisen to highlight some of the practices taking place.

The only word I can think of in this case is "slavery". In a case in Britain, people ended up in prison because they enslaved people. By virtue of the fact the employer knows the employee had no option but to remain quiet and accept the treatment, this amounts to slavery. There is a gap in the legislative process if this is allowed to happen.

We can reflect on the undocumented Irish in America. Many of us visit America from time to time and we meet the undocumented Irish. Our hearts go out to them because they are not just non-entities but non-people to all intents and purposes. The undocumented Irish cannot move where they want to for the simple reason that, if they come back to Ireland, they cannot return. I dealt with one case related to Tipperary, where a married couple returned to Ireland. The lady was American and the man was from Tipperary and when he sought to return to America with his wife he could not do so. I saw the trauma attached to the case. It is no different although it is a separate issue if we discuss the pros and cons of people not having proper work permits.

The employer is central to this case because he knew specifically what he was doing. It does not just concern the amount of money, which was a fortune, but the fact he was prepared to engage in something that was virtually an illegal act. He benefited from it to the tune of ¤91,000, which is a huge amount of money. I agree with my colleague who raised the question of what happens in that case. I am more lenient and my heart goes out to people who find themselves without a proper work permit. We benefited as a race of people throughout the world and if we had not done so we would not have 70 million people of Irish extraction. When we get wealthy and we benefit from the Celtic tiger, we can forget our history and become a little uppity in our attitudes to other people. There is no substitute for humanity and if someone has a difficulty it does not just concern the immediate person but the family, the extended family and people at home trying to help him or her. Whatever legislative gap exists, I hope it will be filled. I will be very disappointed if there is no follow-up action where the employer is concerned.

I refer to the bodies and organisations looking after what we call the new Irish. If they decide to stay in Ireland, they will marry here and, as we know from Irish history, such people often become more Irish than the Irish themselves. These bodies and organisations should feel secure that the Oireachtas is conscious of the problems that exist and at any time they can meet with Deputies, Senators or Ministers. We are available to meet them and they should not feel that this is not a central issue while there is a recession. We have problems and a recession but, during the Celtic tiger, if many of the new Irish were not available to serve in restaurants and hotels and do other jobs, the Celtic tiger would have died much sooner. They took up the work and worked very hard. They were integrated into communities and brought a richness of culture, heritage and diversity. They should not be considered as a problem but as an asset. In this case, I commend Senator Quinn for what he did because it shows his humanity. As a legislator, he does not miss the opportunity to help those who have nobody else to help them.

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