David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 4.

In page 8, between lines 6 and 7, to insert the following:"(3) Where an employer referred to in section 2(1)(a) or, in the case of employment referred to in section 2(1)(b), a person referred to in section 2(1A)(a) or a contractor referred to in section 2(1A)(b) has not paid a foreign national to whom this section applies and where the foreign national institutes civil proceedings he or she may seek and be immediately be awarded an employment permit for the duration of the civil action or longer if the Ministers so deems.".

We accept that compensation will not be treated as reckonable payment within the meaning of social welfare legislation and entitlements but this section highlights a particular concern which we want the Minister to take on board. If an individual is not allowed to work and on the basis that a civil action can take some time, we can conclude that he or she would not have access to the necessary supports to feed his or her family, to pay rent or to pay bills generally. If this Bill is to act as a real deterrent, it must facilitate those who are brave enough to expose wrongdoing. While the Minister can award a permit, the legislation, as it stands, does not specifically provide for those who take a civil action against an employer, who has engaged in exploitative work practices, to enable them to work at a minimum for the duration of the court case, which is what we are seeking in this amendment. I await the Minister's response.