Shane McEntee (Meath East, Fine Gael)
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Question 74: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the plight of migrant workers in the State, of no fixed abode who are experiencing difficulty with former employers and who are in need of assistance; and if he will make a statement on the matter. [27442/07]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 81: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take to help and assist undocumented migrant workers in the State subjected to deception, exploitation and unfair practices at the hands of employers; and if he will make a statement on the matter. [27446/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 74 and 81 together.

All non-EEA nationals are legally obliged under the Immigration Act 2004 to ensure that their permission to remain in the State is kept up to date at all times. Indeed, it is their responsibility to make themselves aware of the relevant Irish immigration legislation prior to their entry to the State. They should also ensure that, where required, they are covered by the relevant employment permits in order to work in the State.

I am aware that, regrettably, there are migrant workers in the State who, perhaps through no fault of their own, do not hold the necessary documents. While I have the power to allow such persons to remain legally in the State, this will only be considered on a case by case basis and any decision will depend on the individual circumstances. This policy has been followed in relation to cases already brought to the attention of the immigration authorities.

I have no proposals, however, to introduce any general regularisation programme for undocumented migrant workers in the State. Such regularisations are highly problematic and undoubtedly carry the danger of creating a pull factor for further illegal migration.

In general, and subject to what I have said earlier, if a person who is illegally in Ireland wishes to regularise his or her position, he or she should leave the State voluntarily and seek to return through the legal channels.

The question of enforcement of employment legislation is a matter for my colleague, Minister Micheál Martin and the Department of Enterprise, Trade and Employment. Ireland's body of employment rights legislation protects all workers employed on an employer-employee basis in Ireland. The Protection of Employees (Part-Time Work) Act 2001 provides that all employee protection legislation applies 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.