Written answers

Wednesday, 15 November 2006

Department of Enterprise, Trade and Employment

UN Conventions

9:00 pm

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 100: To ask the Minister for Enterprise, Trade and Employment the significant changes that he has indicated would need to be implemented with regard to existing legislation, employment, social welfare, education, taxation and electoral law in order for the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families to be ratified. [37761/06]

Photo of Martin FerrisMartin Ferris (Kerry North, Sinn Fein)
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Question 154: To ask the Minister for Enterprise, Trade and Employment the European Union dimension that he believes will complicate any proposed ratification by Ireland of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and if he will make a statement on the matter. [37762/06]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 100 and 154 together.

As I and other Ministers have indicated to similar questions in the past, Ireland has not signed nor has it any plans to ratify the UN Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, which was adopted by the UN General Assembly in December 1990. This is also the position of other Member States of the European Union.

This Convention is a complex and wide ranging one, which has been examined by a number of Government Departments. I understand that before Ireland could consider ratifying it there would need to be significant changes across a wide range of existing legislation, including employment, social welfare, education, taxation and electoral law. Moreover, many of the issues addressed by the Convention would have a European Union dimension. This would also complicate any proposed ratification by Ireland of it, if our European partners were to continue to refrain from ratification, as they seem likely to do.

My responsibilities relate to economic migration and employment protection policies and I would emphasise that I am committed to many of the ideals and aspirations which the Convention endeavours to advance. In particular, I am fully committed to the prevention of exploitation of migrant workers and to ensuring that all workers benefit from the full range of our employment rights protections.

In this respect I would point out that this range of protections has been added to by the Employment Permits Act 2006. The Act provides a number of new important protections for migrant workers including: the granting of the employment permit to the employee, rather than the employer; the employment permit containing a statement of the rights and entitlements of the migrant worker, including that the employee may change employment through the application for another permit by a new employer.

Finally, I would also stress that the provisions of the new Social Partnership agreement "Towards 2016" contain a new employment rights compliance package for all workers, which includes new legislation as well as the establishment of a new Office for Employment Rights Compliance.

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