Séamus Healy (Tipperary South, Independent)
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Question 211: To ask the Minister for Enterprise, Trade and Employment if and when he will introduce amending legislation to issue work permits to individual workers rather than to employers, in view of the continuing difficulties being experienced by non-EU workers here; and if he will make a statement on the matter. [4145/05]

Micheál Martin (Cork South Central, Fianna Fail)
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A work permit is granted to an employer in respect of a specified employee and job vacancy, where the employer can demonstrate that the vacancy cannot be filled from within the wider European Economic Area, EEA. The EEA comprises the 25 member states of the EU, Iceland, Norway, Liechtenstein and Switzerland.

Apart from the renewal of existing permits, which now constitute the bulk of applications, new permits are confined to highly skilled and highly paid positions. Present policy is, informed by the imperative to address the identified labour and skill needs in the economy. In order to best achieve these ends, the work permit is granted to the employer. This ensures greater traceability, the more effective enforcement of the employees' rights and enhanced administrative efficiency. The labour inspectorate of my Department is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including migrant workers. Inspectors pursue allegations of worker mistreatment, and when evidence of non-compliance with the relevant employment rights legislation is found, the inspectorate seeks redress for the individual or individuals concerned and, if appropriate, a prosecution is initiated.

An application for a work permit requires a statement, counter signed by the would-be employer and employee, of the main functions of the job: salary or wages; deductions — other than statutory; other benefits; and hours to be worked per week. Work permits are not granted unless there is compliance with minimum wages legislation. Applications for renewals require documentary proof that the stated wages have been paid.

Persons employed in Ireland under the work permit scheme in recent years have been readily facilitated in changing jobs. In such circumstances a new work permit is issued to the person's new employer. This allows an employee to move to a new employer where there are genuine reasons why the employee wishes to leave his or her existing employment.

A new employment permits Bill, currently at the final stages of preparation, will include provision for additional protections for migrant workers. It is intended that employers will be prohibited from deducting from the remuneration of migrant workers any costs associated with their recruitment and the retention by employers of personal documents belonging to migrant workers.

If the Deputy has evidence that particular employers are exploiting their workforce this should be brought to the attention of the labour inspectorate for investigation.

Gerard Murphy (Cork North West, Fine Gael)
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Question 212: To ask the Minister for Enterprise, Trade and Employment if he will examine the case of a person (details supplied). [4152/05]

Micheál Martin (Cork South Central, Fianna Fail)
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The person referred to made an application for a work authorisation on 27 January to the Consulate General of Ireland in San Francisco. Her application was incomplete, thus it was returned to her by express post on 31 January for completion.