Written answers

Wednesday, 20 April 2005

Department of Enterprise, Trade and Employment

Work Permits

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 120: To ask the Minister for Enterprise, Trade and Employment if all non-national employees are being treated in accordance with Irish and European labour laws; the procedures he has put in place to identify and prevent breaches; and if he will make a statement on the matter. [12168/05]

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)
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No distinction is made in employment rights legislation as between Irish and migrant workers. For the avoidance of doubt, section 20 of the Protection of Employees (Part-Time) Work Act 2001 provides that all employee protection legislation on the Statute Book in Ireland applies to workers posted to work in Ireland in line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. This directive relates to the posting of workers in the framework of the provision of services and applies also to a person, irrespective of his or her nationality or place of residence, who has entered into a contract of employment that provides for his or her being employed in the State or who works in the State under a contract of employment. Thus, all employee legislation applies to migrant workers.

Equally, the labour inspectorate and the compliance section as a whole of the Department of Enterprise Trade and Employment makes no distinction as between Irish and migrant workers both as regards the provision of advice and enforcement activity. The recent announcement by the Minister for Enterprise, Trade and Employment on the provision of an additional ten labour inspectors and a team leader to the labour inspectorate will also assist in this area especially as the Minister has asked that they have a primary focus sectors where there are concentrations of migrant workers.

Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 121: To ask the Minister for Enterprise, Trade and Employment the functions of his Department in regard to work permits or other matters relating to immigrant workers it is intended to transfer to the new immigration one stop shop, recently announced by the Department of Justice, Equality and Law Reform; and if he will make a statement on the matter. [12093/05]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On 1 March last, my colleague the Minister for Justice, Equality and Law Reform announced Government approval for the establishment of the Irish naturalisation and immigration service, INIS, as an executive office within the Department of Justice, Equality and Law Reform. It is intended that this new service will provide a one-stop-shop service to migrants. Whereas the processing of work permit applications will continue to be undertaken by my Department, a virtual link will be established between the new INIS and the work permits section in my Department in order to achieve maximum cohesion and effectiveness. I shall continue to have responsibility for economic migration policy.

The overall effectiveness of these arrangements will be reviewed within two years.

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