Victor Boyhan (Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State. He mentioned his constituency of Kildare South, which I know well. He is very welcome to the House. He is the obvious person to be responding to this matter. It will not be a difficult task for him because it falls obviously within the competence of the his commitments in agriculture. That is what this issue is about. I was surprised that a Minister of State at the Department of Agriculture, Food and the Marine dealt with all the other Commencement matters, which were not related to agriculture. That is part of our precarious Commencement matter situation.

What am I asking? I do not expect the Minister of State to read out the statement he has been given in any great detail. I understand he knows the situation. It is a matter of flagging some key issues and two or three simple points that he might address. I would be more than happy with that. I am inviting comment on how we are strengthening the rights of seasonal workers and introducing strict limits on the deductions that can be taken from employers and seasonal workers in agriculture and horticulture sectors. I am thinking of deductions for food, lodgings and transport. I am thinking in particular of the agricultural, meat-packing, horticultural and food sectors. We have seen a lot of controversy around non-nationals being flown in by employers to do berry-picking and seasonal work, the challenges around accommodation and the friction within more traditional and settled communities that are challenged by some of these issues. The Minister of State knows that seasonal workers are critical to agriculture and horticulture in the role they play in harvesting, planting, packing and other related issues around all of that. It is a big issue.

The Minister for Enterprise, Trade and Employment, Deputy Coveney, indicated he was going to raise this matter at Cabinet. That is a matter for him but is on the record because he said it on RTÉ the other day.

The other issue I will raise in the context of this debate is the minimum wage. We know it was increased by 80 cent on 1 January 2023 so it is now €11.30. That is not a lot of money to live on in these times. The Irish Congress of Trade Unions, ICTU, has called for an increase to the national minimum wage, particularly for low income workers in industries such as agriculture and horticulture. It has called for a €2 increase in January 2024 and a further €2 increase in January 2025. I raise that matter in the context of a lot of kite-flying around reductions in tax. Of course, I favour reductions in tax. I favour enterprise, encouraging people and rewarding them for hard work. However, I am also conscious of the background. Members on both sides of the Seanad raise issues about health, workers and cancer treatment every day. It is about resources. I do not want to divert from the issue but we can say that low-paid workers earning the minimum wage in the agriculture and horticulture industries are hurting disproportionately as a result of the cost-of-living crisis. The Minister of State knows that and it is an important point to make.

I will touch on another matter. A Labour Party county councillor, Councillor Niall McNelis, has been reported in the media this morning suggesting we look at the waiting time for asylum seekers in this country and the possibility of allowing them to engage in some sort of work. He is right. It is inhumane and unnecessary that asylum seekers or people in the process are not allowed to participate in essential work that is needed.

I spoke to a number of the agricultural representative bodies last night about the engagement the Taoiseach had with them yesterday. I was told it was meaningful and a number of issues were covered that the Minister of State is privy to and knows about. One of those was the ongoing concern about the challenges in respect of getting seasonal workers for agriculture and horticulture. I appreciate the Minister of State has come to the issue late but he has considerable knowledge in the area. I would appreciate it if he would touch on one or two of the points I have made. I thank him for taking this Commencement matter.

Martin Heydon (Kildare South, Fine Gael)
Link to this: Individually | In context | 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.

Victor Boyhan (Independent)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for that comprehensive response. I knew it would come from him because he is totally immersed in agriculture.

Let us keep having ongoing public engagement and consultation with the horticultural sector and the equine sector, as the Minister of State rightly pointed out. He would be very familiar with that, coming as he does from south County Kildare. There are real challenges and we see it in the mushroom sector too. Let us utilise people who are willing and prepared, regardless of their status, and want a fair opportunity for fair employment for fair pay.

Martin Heydon (Kildare South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

That is exactly right. If I could reassure the Senator of one thing, it is that there is no complacency in the Government when it comes to making sure the appropriate safeguards are in place. We see the benefit for business. We see the benefit of seasonable workers for our economy. That flexibility is there in our permit system. However, that will not be at the cost of the rights of the workers. If anything, we will strengthen those rights even further.

The Department has recently held a consultation with stakeholders to get feedback on the introduction of the seasonal employment permit and the general transferability of most employment permits. That is the key; if they are transferable, it empowers the employee. It takes the power away from an employer that might have bad intentions. All points received were carefully considered when finalising the amendments to seasonal employment permits.

I would like to reiterate that all employment permit holders in Ireland have the exact same labour rights as other employees in the State under Irish law. It is important to put that on the record. The additional rights that are provided within the framework for the seasonal employment permit will go further to ensure that the potential for abuse of this type of scheme, as observed in other jurisdictions, is significantly mitigated. Furthermore, the analysis of the pilot scheme will provide another safeguard and opportunity to further fine-tune the scheme prior to the roll-out. This will ensure we can have an appropriate seasonal scheme that works for business, works for the workers who come here and is good overall for our society and our economy.