Arthur Morgan (Louth, Sinn Fein)
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Question 36: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether the State's failure to ratify the UN convention on the rights of migrant workers and their families is indicative of the lack of priority which the Government has given to the prevention of exploitation of migrant workers; and if she will make a statement on the matter. [13854/04]

Frank Fahey (Galway West, Fianna Fail)
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Ireland has not signed and is not a party to the International Convention on the Protection and of the Rights of all Migrant Workers and Members of their Families.

The convention, which was adopted by the UN General Assembly in December 1990, entered into force on 1 July last, following its ratification by the requisite number of states, 20. However, although the convention on migrant workers has been open for signature and ratification since December 1990, to date only 22 states have ratified or acceded to the convention. The convention has not acquired universal recognition as a standard for the protection of the rights of migrant workers. No European Union member state has as yet signed or ratified the convention, nor have any indicated an intention to do so.

Ireland's position in regard to the ratification of international instruments generally, including the convention on the rights of migrant workers, is constantly reviewed in light of prevailing circumstances and in the context of the ongoing assessment and prioritisation of Ireland's international commitments.

Where Ireland wishes to ratify or accede to an international instrument, the Government must first ensure that our domestic law is fully in conformity with the agreement in question. The Government must therefore make any necessary legislative changes, or be satisfied that none are required, before ratification takes place. As signature of an instrument is an indication of an intention to ratify it, the Government would consequently also have to have a firm intention to ratify and, be taking steps to do so, before signing an international instrument.

The convention on the rights of migrant workers has been examined by my Department. It would appear that, in order for Ireland to ratify the convention, significant changes would have to be made across a wide range of existing legislation, including legislation addressing authorisation to stay and to work, education-training and integration, family reunification, social security, transfer of income and taxation, housing, health and medical care and electoral law. These changes would also have implications for our relations with our EU partners, none of whom have signed or ratified the convention — or have signalled an intention to do so — and possibly for the operation of the common travel area between Ireland and the UK.

There are no plans at present to introduce the changes in the areas above which would be necessary before Ireland could ratify or consider signing the convention.

It should be noted that the rights of migrant workers and their families are already comprehensively protected under existing legislation. In addition, the human rights of migrant workers and their families are protected under the Constitution and by Ireland's commitments under international human rights instruments to which the State is party.

Where employers seek work permits in order to employ non-EEA nationals, the Department requires the statement of the main functions of the job, salary-wages, deductions, other than statutory, other benefits and hours to be worked per week. Both the proposed employer and the proposed employee must sign this statement. Work permits are not granted unless there is compliance with minimum wages legislation. Applications for renewals require confirmation that the stated wages have been paid; P60 and other sources are used. Work permits are not granted for sectors such as domestic employment where it is believed that such employment can be met from the Irish-EEA labour market and where there is a greater risk of exploitation.

Persons from overseas working in Ireland have the same protection under employment law as do Irish employees. Instances of any breaches of employment or work permit legislation, if brought to the attention of my Department, will be acted upon.