Written answers

Thursday, 10 February 2005

Department of Enterprise, Trade and Employment

Work Permits

5:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 173: To ask the Minister for Enterprise, Trade and Employment the numbers of work permits granted in each of the years 2002, 2003 and 2004; the nationalities which feature most frequently; the nature of the work in respect of which a permit can be granted or renewed; and if he will make a statement on the matter. [4449/05]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The information the Deputy requires is contained in Table 1 and Table 2. In the aftermath of EU enlargement, it is Government policy that employers should be able to source nearly all of their workforce needs from within the EU. Accordingly, only in cases where exceptional levels of skill and qualifications are needed for the job, and the employer has made meaningful attempts to find EEA nationals first, will my Department now consider work permit applications. Subject to an employer applying to renew a work permit, applications will be granted on the basis that the conditions set out in the original permit application are adhered to.

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 174: To ask the Minister for Enterprise, Trade and Employment if he has reviewed or will review the approach by which work permits are granted to the employer as opposed to the employee; and if he will make a statement on the matter. [4450/05]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 175: To ask the Minister for Enterprise, Trade and Employment his views on whether the recently highlighted cases of non-nationals being mistreated by their employers are largely due to the fact that the permit is issued to the employer rather than the employee; and if he will make a statement on the matter. [4451/05]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 174 and 175 together.

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/s 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-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 wage 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 for the employee wishing to leave his/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.

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