Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I will open by giving my absolute assurance that we are genuine about wanting to protect vulnerable workers. The amendment the Senator tabled would add a new provision to the Bill that would effectively blacklist employers convicted of a wide range of employment rights breaches. This would represent a major change to the labour market enforcement system as it applies to the third country nationals employed under an employment permit.

While I fully appreciate the sentiment underpinning it, I will be refusing this amendment on a number of grounds. First, the amendment lists a number of breaches of employment rights legislation that go far beyond the scope of this Bill and the employment permits system. It would require extensive analysis and consultation to assess whether it would be appropriate or indeed legally permissible to broaden the scope of the Bill in this way. This work would take a considerable amount of time and would severely delay the passage of the Bill that has already been delayed for well over a year.

Furthermore, accepting this amendment could unintentionally create a parallel system of employment law dependent on whether an employer has hired Irish or non-EEA employees. I also note the risk of promoting undocumented labour, which could be another unintended consequence. That would be an outcome that would place the worker in a situation outside of the protections and regulations of this law, and this should be avoided.

It should be noted that as Minister of State, I have the power to refuse to process an employment permit application where the applicant has been convicted under employment permits legislation. This is done through section 33(1)(c) and section 41(1)(b), which provides a discretionary option to refuse an employment permit application where either party has been convicted of an offence or to allow for the revocation of a permit for the same reason.

I am confident that employment permit holders are protected in the same way as Irish workers by virtue of existing employment and equality legislation and through the penalties contained therein. Therefore, I will not accept this amendment.