Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Seanad amendments Nos. 1 and 5 are related and will be discussed together.

Louise O'Reilly (Dublin Fingal, Sinn Fein)
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I wish to outline our position briefly. Sinn Féin will oppose this Bill on the basis that it seeks to introduce seasonal work permits to the employment permit system. Since pre-legislative scrutiny took place, Sinn Féin has highlighted a number of red lines, namely the introduction of seasonal employment permits and the failure to exclude employers with convictions for abusing workers from benefiting from employment permits. Despite our efforts to amend it, the Bill is focused solely on increasing flexibility for employers and makes no attempt to protect workers’ rights. When the Bill began in 2022, Sinn Féin stated that we supported the fair and sensible use of employment permits where there were shortages of necessary skills in our economy. However, we have always insisted that the Department of Enterprise, Trade and Employment work with the Department of higher education to equip students with critical skills in those areas experiencing shortages. Improving pay and conditions is also key to ensuring that we have the requisite skill set across our economy. Progressive changes to our employment permit system that protect workers’ rights and ensure investment in developing skilled workers through our secondary and third levels are the best way forward.

We support improving the agility and effectiveness of the employment permit system while retaining the policy focus of supporting the economy and the labour market through evidence-based decision-making, but this legislation prioritises employer flexibility only. It ignores the development of a domestic supply of skilled workers through upskilling and our secondary and third level education systems. It does not provide protections for workers and introduces an exploitative seasonal employment permit system despite the fact that the Committee on Enterprise, Trade and Employment reported that it had not seen sufficient evidence to support the proposed introduction and that its members were concerned about the lack of detail in this proposal. Despite our best efforts to argue and debate amendments, the Government has ignored our concerns and rejected our amendments. We oppose the introduction of these seasonal work permits. Such permits have been proven to facilitate the exploitation of workers in other European states. Their introduction represents a regressive change that will have a serious impact on workers and decent employers.

The Committee on Enterprise, Trade and Employment received evidence that the employment rights of workers under the permit system, including their pay levels and conditions of employment, are not observed or enforced. When Sinn Féin tried to amend the legislation to exclude employers convicted of breaching employment law in the previous 24 months, this was rejected. I genuinely say shame on this Government for doing that. Where an employer is found to be in breach, it should not be facilitated with the welcome mat the Government is rolling out for it. Last year, the WRC found that employment law had been broken in every second investigation, representing a 47% breach rate across the economy. In the sectors where seasonal employment permits will more than likely be applied for, the figures are astonishing. In agriculture, there was a 56% breach rate in 2023. In beverage services, there was a 54% breach rate in 2023. Among hotels, there was a 57% breach rate of employment law in 2023. In food services, there was a whopping 58% breach rate of employment law in 2023. These bad employers put decent employers at a competitive disadvantage. Employers who abuse workers and put decent employers at a competitive disadvantage should not be allowed to benefit from the employment permit system or from State supports. They would not receive support from Revenue if they were financially non-compliant, so why is it different when a business breaks employment law?

The proposed creation of a seasonal work permit to address difficulties in certain sectors is an attempt to allow bad employers to circumvent improving the pay and conditions offered for the roles in question. Such a move opens up the possibility of an exploitative employment model in these sectors, which is neither an ethical nor sustainable solution for them. We will not support a system that allows for the exploitation of vulnerable workers who will be here long enough to be exploited but not long enough to vindicate their employment rights.

We are not alone in opposing the introduction of such permits. The Committee on Enterprise, Trade and Employment found no reason for their introduction and organisations like Migrant Rights Centre Ireland are also opposed to seasonal work permits.

Emer Higgins (Dublin Mid West, Fine Gael)
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I am pleased to have the opportunity to present these final technical amendments to the Bill for the Dáil's consideration. I thank my predecessors, the Minister of State, Deputy Richmond, and Deputy English for their work on this important legislation. I also thank Deputies and Senators for their engagement. I acknowledge the presence in the Public Gallery of Migrants Rights Council Ireland, which has worked towards this legislation for a long time and welcomes it and the impact it will have on people.

The Bill's purpose is to consolidate and update employment permit law. It contains a number of key improvements, including the change of employer option, the introduction of a new seasonal employment permit and the facilitation of a more agile employment permits system through the movement of operational details from primary to secondary legislation for easier modification as labour market needs require.

During the Bill's passage through the Seanad, additional minor technical amendments were tabled to refine it further. These do not make any substantive change to the purpose of the Bill. The bulk of these technical amendments relate to non-EEA nationals working as non-consultant hospital doctors. Amendments have also been made to section 8, which sets out the cohorts for whom an employment permit is not required. These are technical amendments, covering some minor issues that will ensure that the Bill remains in line with current requirements.

Ireland is currently an outlier internationally by not already providing for seasonal employment permits. A key protection in this legislation is the requirement for employers to become registered as approved seasonal employers in order to access the seasonal employment permit. Employers will need to obtain annual pre-approval to become approved employers. Any breaches of conditions of permits or non-compliance with rules will negatively impact on any subsequent approval processes.

Additional controls have also been added to the Bill to further protect seasonal workers. This pilot scheme will run in 2025 and will be limited to specific employers in the horticultural sector, particularly the soft fruit sector. I am happy to go through each of the amendments if required.

Catherine Connolly (Galway West, Independent)
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Seanad amendments Nos. 2, 3, 14 to 23, inclusive, and 30 to 32, inclusive, are related and may be discussed together.

Emer Higgins (Dublin Mid West, Fine Gael)
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My officials have actively engaged with officials in the Department of Health to ensure the proposed definition and the associated provisions will allow for a more efficient procedure for these critically important workers. My officials have also worked closely with the Office of the Parliamentary Counsel to ensure that the provisions will be fully operational and appropriate to the needs of the health service. The new definition underpins the provisions contained in the proposed new sections of the Bill as set out in Chapter 5, grant of an employment permit, and section 31, employment of non-consultant hospital doctors.

Catherine Connolly (Galway West, Independent)
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Seanad amendments Nos. 4, 8, 9, 11 to 13, inclusive, 33 and 34 are related and may be discussed together.

Emer Higgins (Dublin Mid West, Fine Gael)
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These are all technical amendments to address minor grammatical and typographical corrections. I can go through them individually if required.

Emer Higgins (Dublin Mid West, Fine Gael)
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This technical amendment adjusts section 8 regarding the non-application of section 7 to certain foreign nationals. Its purpose is to ensure that applicants or those who have been granted status within the meaning of the European Communities (Reception Conditions) Regulations 2018 (S.I. No. 230 of 2018) can directly access the labour market without a requirement to hold an employment permit in the State. In effect, this amendment excludes international protection applicants from the employment permits legislation while they are under the international protection process within the Department of Justice.

Emer Higgins (Dublin Mid West, Fine Gael)
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This amendment also adjusts section 8 on the non-application of section 7 to certain foreign nationals by amending subsection (1)(f) to ensure that family members of officials of international organisations assigned to work in the State under the Diplomatic Relations and Immunities Act 1967 and the amending Act of 2017 are exempt from the requirements of the employment permits legislation. This effectively means these family members are considered similar to the family members of diplomats assigned here from other countries when it comes to accessing the labour market. It is in line with the Diplomatic Relations and Immunities Act 1967 and the amending Act of 2017, which confer privileges and immunities not just on members of diplomatic and consular missions but also on international organisations, including the United Nations, the Council of Europe and the OECD.

Emer Higgins (Dublin Mid West, Fine Gael)
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This is a technical amendment to adjust the meaning of section 8(2), amending the definitions for the types of arrangements and officials included under this provision. It will ensure that reciprocal international agreements with other state and memorandums of understanding or co-operation agreements with international organisations are included in this Bill.

Catherine Connolly (Galway West, Independent)
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Seanad amendments Nos. 24 to 29, inclusive, are related and may be discussed together.

Emer Higgins (Dublin Mid West, Fine Gael)
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These are technical amendments which include textual changes and changes to cross-referencing. Amendments Nos. 24 to 26, inclusive, will amend section 39 on additional grounds for refusing renewals of employment permits. These amendments will include reference to section 31, which relates to non-consultant hospital doctors under the powers for the Minister to consider refusing the renewal of employment permits for such doctors should an issue arise with regard to the remuneration paid during their employment on the original permit. Amendments Nos. 27 to 29, inclusive, amend section 40 and relate to the revocation of an employment permit to insert a reference to section 31 on non-consultant hospital doctors under the powers for the Minister to consider the revocation of the employment permit for such doctors should an issue arise with regard to the remuneration paid during their employment on the original permit.

Catherine Connolly (Galway West, Independent)
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Agreement to the Seanad amendments is reported to the House and a message will be sent to Seanad Éireann acquainting it accordingly.

Emer Higgins (Dublin Mid West, Fine Gael)
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I thank you, a Leas-Cheann Comhairle, and Deputies for their collaboration and contributions to the Bill. It is a really important Bill and will bring benefits for economic migrants and employers. I very much appreciate the rich discussions that happened in both this House and the Seanad and in committee. This Bill represents the biggest reform to employment permits legislation since the 2006 Act and will result in many positive changes to Ireland's economic migration policy. Through the Bill, we are ensuring the permits system is capable of adapting to rapid changes in the needs of the labour market of the future and to fluctuations in demand based on the economic cycle. What is key is to ensure that in pursuing important economic goals, we protect workers, some of whom may be very vulnerable due to inexperience with Irish labour laws, potential isolation and language barriers.

The positive impact migrants have on our economy and our society is significant. Economic migration boosts the numbers of working-age people, which is so important as our population ages. Migrant workers bring much-needed skills and experience across all sectors of our economy. I firmly believe the improvements brought forward with this Bill will benefit all users of the employment permits system.

I am very pleased this legislation has successfully passed both Houses and I look forward to seeing the Bill signed into law in the coming weeks. I thank Deputies for their approval of these final technical amendments and their participation in the debate. I also thank the Attorney General's office and those in various Departments who have worked cross-departmentally with my officials and who have done tremendous work on the Bill. Again, I recognise the hard work, determination and collaboration of Migrant Rights Centre Ireland.

Catherine Connolly (Galway West, Independent)
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Céad míle fáilte roimh na gcuairteoirí thuas staighre. Welcome to our visitors upstairs.