Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I thank the Senator for raising this important issue. He has summed up the situation, which I am very familiar with from my role in the Department of Agriculture, Food and the Marine. The Senator has summed up both parts of the situation. There is a real need for seasonal work permits from an industry perspective. Certain industries, such as horticulture, are seasonal by their nature and annual work permits do not work for them. They need that element of flexibility. As a State, we must ensure that when we provide that flexibility, it is good for business and our economy, and for keeping those businesses going at their time of need. We also need to ensure that in providing that flexibility we in no way marginalise people who may be vulnerable. It is all about the safeguards that are in place, some of which I will outline, to ensure there is no exploitation and that the system works for the people receiving the permits, those who do the work, every bit as much as it works for the businesses for whom they are working.This can be mutually beneficial for everybody. It is a great reflection on our country that there are so many people from outside the EU who want to come to Ireland to work here. It says a lot about our country that it is a good place to work and is recognised as a place where you can make your way, make your living and have a good standard of living. We should reflect on that. There is a lot of criticism of different elements, but this is a good sign for us.

A key objective of the seasonal employment permit is to provide workers for sectors that have recurrent short-term employment needs, but for which general employment permits are not suitable. The Employment Permits Bill will ensure that in pursuing the State's economic goals, as I have outlined, we also protect workers, some of whom may be at risk of exploitation due to their inexperience with Irish labour laws, potential isolation and, in some instances, language barriers. The seasonal employment permit provides additional protections for permit holders.

This scheme has taken lessons learned from other jurisdictions and the relevant EU legislation, particularly the EU seasonal workers directive. The protections include the requirement that employers availing of the scheme must qualify annually as approved seasonal employers. That is important. It is not something that you get and you will still have five years later.

Central to the scheme is the facility whereby seasonal employment permit holders can easily transfer their permit to another approved seasonal employer registered to the scheme. This will empower employees on the scheme to easily leave an employment where there may be abuse. It means that the company that gets the worker in on the permit will not have control over them. It is important that the power is with the employee. They must have the ability to walk away if they are not happy with their terms and conditions so they can move to another company that requires seasonal workers at that time.

As we know, due to the very strong employment figures in this country, we are in an employee’s market. This is a matter of empowering the employee permit holders with information about their rights. Approved seasonal employers will commit to protecting the rights of their employees and will be required to provide information in the employee's language on employees' rights, their pay and their terms and conditions, including board, lodgings, transport, training and health and safety standards, ahead of the contract start date. The purchase of adequate health insurance for seasonal workers will be required and this cannot be deducted from their wages. Accommodation will be provided by the seasonal approved employer, which must meet legal standards.

There will be strict limitations on deductions from wages for board and lodgings offered, as well as transport to and from the work site, if accommodation is not at the work site. Rent deductions cannot be greater than those allowed for under the National Minimum Wage Act. Transport costs can be charged at no more than 50% of the stipulated board charges under the National Minimum Wage Act.

The Department of Enterprise, Trade and Employment will trial a pilot seasonal employment permit scheme in the summer of 2024 in the fruit and vegetable picking sector with a limited number of permits. The Department will carry out a review at the end of the growing season. This is much broader than that in the area of agriculture. I know that regarding dairy farmers in the calving season, there is a farm safety element. There is a shortage of labour and farmers need that support. Riders in the equine industry need to be freed up at certain times of the year. This is a really good thing, but we need to make sure the protections are in place, and I thank the Senator for raising those points.