Joe Carey (Clare, Fine Gael)
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Question 71: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the steps she has taken to address the exploitation of migrant workers; and if she will make a statement on the matter. [40896/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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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 the provisions of the Employment Permits Act 2006 have added substantially to this range of protections. The employment permit is granted to the employee, rather than to the employer and it contains 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. The Act prohibits employers from retaining the personal documents of employees, including passports, driving licenses or identity cards, as well as a provision preventing employers from deducting recruitment expenses, including employment permit fees, from the remuneration of employees. There is also provision to ensure that migrant workers in respect of whom an application is made for an employment permit are entitled to the national minimum wage under the National Minimum Wage Act 2000.

It should also be noted that Ireland's extensive range of employment rights legislation is applicable equally to nationals and non-nationals alike, without differentiation as to country of origin.

I would also point out that the provisions of the Social Partnership agreement "Towards 2016" contain an employment rights compliance package for all workers, including new legislation and the establishment of a new office for employment rights compliance — the National Employment Rights Authority (NERA), which has already been established on an interim basis. Under the Employment Law Compliance Bill 2008, the National Employment Rights Authority will be required to promote, encourage and secure compliance with the provisions of the Employment Permits Acts as well as other employment legislation. It is intended, through the cooperation of NERA labour inspectors and the Gardaí, particularly the Garda National Immigration Bureau, in enforcement of provisions under the Employment Permits legislation, to increase compliance and to act as a deterrent to illegal work as a pull for illegal immigration to Ireland.

I would advise that, if the Deputy is aware of specific cases of alleged exploitation of migrant workers, these should be reported to the appropriate authority for further investigation.