Finian McGrath (Dublin North Central, Independent)
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To ask the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding work permits. [54849/12]

Richard Bruton (Dublin North Central, Fine Gael)
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The High Court Judgement of 31st August raised serious issues in relation to employees who have unwittingly entered into illegal contracts of employment by virtue of not having an employment permit. When I received the judgement, I quickly stated my aim was to ensure that an employer should not benefit from using an illegal contract of employment where he or she was a willing party to its creation. I repeated this assurance personally to the person concerned when I met him and a delegation from the Migrant Rights Centre Ireland and SIPTU. The Deputy will note that the Government did not oppose Senator Quinn’s Private Member’s Bill as it concurs with our objectives - to ensure that outcome of the High Court case will not arise again.

The issue raised by the High Court judgement is one which has important policy and legal implications in the area of Employment Permits and also in terms of Employment Rights. The question that arises for policy makers is to what extent such workers should be dissuaded from working illegally in Ireland by virtue of there being a statutory offence to do so, versus, to what extent should certain employment rights protect vulnerable migrants who find themselves unwittingly in such employment positions. My Department has received preliminary legal advice from the Office of the Attorney General counselling that the judgement raises matters that are particularly complex. These matters are currently receiving priority attention with a view to identifying the best way in which the legislation may be amended.

It is my firm intention to amend the Employment Permits legislation in a precise manner so as to ensure that an employer may not benefit from the illegality of the contract of employment where they are found culpable in not ensuring a valid employment permit was in place for the employee concerned. To this end, I hope to be in a position to propose the necessary provisions in a new Employment Permits Bill, currently being drafted and which is anticipated to be introduced in the first quarter of next year. I believe that this would be the most appropriate method of dealing with such a technically specific matter. Decisions on the legal options will be made in light of further legal advice and in consultation with other Government departments. I can assure the Deputy that my Bill is a Government priority and I would expect a speedy passage through the Oireachtas after its introduction.

Finally, I wish to stress that the judgement relates only to the consideration of the enforceability, or otherwise, of an employee’s rights. It does not mean that unscrupulous employers can employ unauthorised third country nationals without running the risk of significant legal consequences. I would emphasise that an employer who engages in this type of activity is open to prosecution under the Employment Permits legislation and could be found guilty of an offence and liable on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 10 years or both. Both An Garda Síochána and the National Employment Rights Authority actively pursue breaches under the legislation and welcome information concerning possible breaches.