Terry Brennan (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit go dtí an Teach. We all spoke about the High Court judgment on 31 August in respect of the Labour Court award to Mr. Younis. It represents a worrying development in terms of enforcing employment rights. The Minister of State said Mr. Bruton, "upon receiving the judgement, quickly stated his aim to ensure that an employer should not benefit from using an illegal contract of employment where he or she were a willing party to its creation". I welcome the intention of the Minister, Deputy Bruton, to put forward legislative provisions in this regard when he introduces his employment permits Bill. I understand he intends to bring forward the Bill early in the new year, although the Minister of State qualified this point, and that priority has been given to it. The judgment demonstrates something that appears to be inherently unfair, namely, that an employee who has unwittingly entered in into an illegal contract of employment may not assert rights under the contract of employment. Lest there are unscrupulous employers out there, thinking they can employ unauthorised third country nationals without legal consequences, it should be emphasised that the judgment does not mean an employer who engages in this activity can get away with it. An employer who employs someone requiring an employment permit is open to prosecution under employment permits legislation. The employment permits regime is a managed system in that a third country national and the prospective employer must both seek permission from the State in order for the third country national to work legally in the State and they must also provide details on the proposed employment. The key deterrent against unauthorised employment is the legal assumption, with certain exceptions, that not having an employment permit creates an offence for the employer and the employee. Third country nationals are citizens of the country that is not a member of the European economic area. This Bill is a welcome contribution to rectifying the situation.

I understand there are a number of legislative options in this regard and Senator Quinn's Bill conclusively addresses the options he proposes. Had such a provision existed, the case that is the subject of the High Court judgment would have had an entirely different outcome. I understand the Minister, Deputy Bruton, does not intend to oppose the Bill and intends to allow it to pass Second Stage. The Minister intends to bring forward his own employment permits Bill. I congratulate my colleague, Senator Quinn, on the Bill and Senator Barrett for seconding it.

It is a short Bill and says much in few words.I encourage the Minister of State to consider the issues Senator Quinn has raised when the Government formulates its own Bill.