Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The effect of amendment No. 4 would be to create a new employment permit scheme specifically for this cohort of foreign nationals. The normal criteria generally applying to employment permits - which are there to protect the Irish labour market from distortion - would not apply to such cases, for example, a specific job with a specific employer for a specific duration. In general, Government policy is to issue employment permits for the employment of non-EEA nationals for specific vacancies and in response to employer demand where there are demonstrated shortages. Such a permit type would run counter to this policy objective.

It is the case that many foreign nationals who opt to enter the civil proceedings provided for under this section will already meet the criteria for the new type of permit I am introducing, called the reactivation permit - that is, he or she has a job offer, is not currently working, has a letter of permission from the Minister for Justice and Equality and previously held a permit - they will be eligible to apply for that category of permit.

The case of a foreign national who has never had an employment permit is a different matter. That person is still entitled, regardless of their never having been legally working in the State, to be compensated for work done for, or services rendered to, a person.

We must be realistic. It is one thing to ensure that vulnerable people are not exploited, but that does not mean encouraging irregular migration. We must bear in mind the interests of Irish workers, lawfully present migrants and legitimate businesses that hire only those legally entitled to work. For those legitimate businesses, there is an important deterrent effect for any employer contemplating hiring illegal workers within these provisions - that is, compensation can now be claimed against the irregularly hiring employer. Where a person has never had any entitlement to work in the State and has taken it upon him- or herself to ignore Ireland's immigration and employment laws, it is not the duty of the State to regularise his or her status. Having said that, I understand that the immigration authorities will look at individual cases on their merits and take account of all the circumstances of the person's situation.

In summary, it was never my intention, in providing this compensation provision, that it would act as a back door for illegal economic migrants who have not been or would not be granted employment permits under current legislation. That is why I cannot accept the amendment.