Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Senator very much. "No" is the answer to her question. We do not believe we are doing so. There is a lot of oversight baked into this system. I appreciate the Senator's intention, but I am not in a position to accept the amendment. The amendment seeks a report to review the terms, conditions and remuneration afforded to workers holding regular permits and seasonal permits, broken down by sectoral employment, to be laid before both Houses of the Oireachtas. There are 66,000 active employment permits of various types right across a broad spectrum of sectors. Conducting a review of the type suggested would be very onerous. It would require significant time and resources that we do not have and that would not be put to good use. What I can say, and I want to reassure Senator Black on this, is that I take very seriously the rights of all workers, not least potentially vulnerable migrant workers. My officials can and do instruct the Workplace Relations Commission to undertake inspections to ensure that the terms and conditions of migrant workers are being upheld, including in line with their contract of employment and permit. That is critical to what Senator Black has spoken about with the particular companies she mentioned.

The consequences for breaches of employment permit legislation include the revocation of the employment permit or prosecution. Penalties, including fines and imprisonment, are all set out under the legislation. It is also the case that when an employer seeks to renew an employment permit, checks are made to ensure the permit holder has been paid and has been treated in accordance with the terms and conditions set out in their employment contract, as per the original permit application. Where discrepancies are discovered, a permit renewal can be refused. That is a very important point.

The permit system operates from a vacancy-led perspective. That should clarify the point Senator Black made earlier. The 50:50 rule ensures that all companies give preference to domestic and EEA workers in the first instance. Anyone experiencing a breach of employment rights should make complaints to the WRC for inspection and remediation because that is what we need people to do.

This Bill introduces the change-of-employer option, which will allow workers on certain, but not all, employment permits to move to a new employer after a prescribed period. We plan to provide for a period of nine months, after which there would be no need to apply for a new permit to move. The introduction of flexibility and transferability will strengthen the employment rights of migrant workers. Ireland has a robust employment rights framework and I am confident that employment permit holders are protected in the same way as Irish workers and that Irish workers are fully protected also.