Arthur Morgan (Louth, Sinn Fein)
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Question 30: To ask the Minister for Social and Family Affairs his views on whether the resident condition is a factor in Irish Ferries being able to recruit staff at such low wages and poor conditions. [37300/05]

Seán Crowe (Dublin South West, Sinn Fein)
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Question 63: To ask the Minister for Social and Family Affairs if his attention has been drawn to reports that the residence condition is encouraging exploitation of migrant workers who are afraid to risk losing their jobs due to the fact that they will not be eligible for social welfare; and if he will make a statement on the matter. [37298/05]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 30 and 63 together.

I have received representations from a number of organisations including the National Consultative Committee on Racism and Interculturalism, the Migrant Rights Centre of Ireland and the Irish Congress of Trade Unions concerning the exploitation of migrant workers. The position is that migrant workers qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The habitual residence condition does not apply in these cases. Migrant workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit. I am keeping this matter under review and, if necessary, I will take action to ensure that migrant workers are not exploited because of the habitual residence condition.

I have no evidence to suggest that the habitual residence condition is a factor in the decision of Irish Ferries to make its existing staff redundant and recruit new staff under less favourable wage rates and conditions of employment.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland.

The question of a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while ensuring that people whose cases are appropriate to the system have access to it when they need it.