Fintan Warfield (Sinn Fein) | Oireachtas source

I move amendment No. 27:

In page 49, after line 37, to insert the following: “(ii) in the 2 years preceding the day on which the application was made the person or employer who has made the offer of employment has been convicted of breaching employment legislation pertaining to any of the following:

(I) employment permits;

(II) national minimum wage;

(III) organisation of working time;

(IV) paternity leave and benefit;

(V) payment of wages;

(VI) protection of young persons;

(VII) sick leave;

(VIII) workplace relations;

(IX) terms of employment,”.

This amendment proposes to exclude employers who have been convicted of breaking employment law from applying again for an employment permit for a period of two years following that conviction. We all know and hear about the most egregious instances of unfair dismissals and breaches of employment law. Many of these make the front pages of the newspapers and go all the way to court. However, there are equally egregious cases of breaches found by WRC inspectors every day that never make the news and we may never hear about them. Those convictions for breaching employment law should not be without due sanction. This amendment is designed to ensure an employment permit cannot be issued to an employer or a person who has been convicted of breaking equality and employment-related legislation in the two years preceding the day on which the permit application was made.

Again, we are discussing at length workers who are vulnerable. If we are genuine about wanting to protect them, there should be a real deterrent for employers who are convicted of breaking employment legislation and equality legislation. We have talked at length about the good work the WRC does. It has recovered more than €22 million in stolen wages since 2001 and €1.9 million last year alone. While no one is suggesting that all employers are dying to get these permits to exploit workers, we need to put in place as many safeguards as we possibly can. I hope the Minister of State will consider this amendment.