IMMIGRATION
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Integration Policy – Immigration and Interculturalism (13/12/08)
Migration (11/05/06)
"Illegal" Irish - The Secure America and Orderly Immigration Act (11/10/05)
Inconsistency in Immigration Rules (22/06/05)
Immigrant Workers (04/05/05)
Report on Immigration (20/04/05)
Immigration & Residence in Ireland: Discussion Document (13/04/05)
Migrant Workers In Ireland (24/03/05)
Integration Policy – Immigration and Interculturalism
13/12/08 - I thank the Minister of State, Deputy Conor Lenihan, for his earlier contribution in which he said: We must work to ensure an intercultural society where the different cultures speak to each other, listen and ultimately enrich each other in the context of a common aspiration to promote the welfare and values of a new Irish society. …. The Minister of State put that forward as a challenge and I agree with it.
There is another issue I wish to deal with and about which all sides of the House should express outrage. We cannot accept a situation whereby every single appeal to the Refugee Appeals Tribunal has been rejected. That cannot be right, so we should examine the matter closely. I disagreed with criticisms of the previous Minister for Justice, Equality and Law Reform by those who called him fascist and racist. I did not often agree with the way in which he tried to do things, but I do not think he deliberately established a refugee appeals system to operate as it does. Somebody should examine what is going on in the Refugee Appeals Tribunal. If a certain number of cases go before an appeals structure and not one of them succeeds, questions must be asked.
The recent economic boom has been fuelled by immigrants. In every significant developed economy in the western world, the second generation of immigrants have provided an extraordinary injection into the successful development of the next phase of the economic cycle.
I do not wish to argue over words but I welcome that not only the Minister but also the Department has moved from a concept of multiculturalism to one of interculturalism. …. It is not about giving space to different groups, which is multiculturalism. Interculturalism, however, is where one measures a community by the quality of the engagement between different cultural backgrounds. That is a challenge not just to our society but also to immigrants.
The challenge to every immigrant group in this country is not just about integration but the fact that there must also be a certain cultural compromise by immigrants. There are too many do-gooders in this regard. I support and defend immigrants but that does not mean one does not pose questions and create challenges for them. I want to see second-generation immigrants playing in all-Ireland finals, but it must be allowed to happen by encouraging immigrants to participate in Gaelic games and whatever else is going on in this country.
We are talking about community building but to do it we need to be fair and firm. It is not about opening our gates to anybody who comes in but about recognising that when people come here, they come in through a process. That is why it needs to be regulated at all times. It does not mean having open doors because regulation is required and that should reflect labour force requirements.
In addition, we need to be humanitarian and recognise that some asylum seekers are economic migrants. There is nothing wrong with that if they make a contribution to our society, learn in our schools and add more to the community. It does mean, however, that a certain cultural compromise is required when they come here. The fact that people leave their own country to come here means that they have made a decision in that regard anyway. They are now living here and we want to see them playing Gaelic games and understanding Irish culture. That does not mean that we seek to change the core values of their own culture but it does mean a certain amount of assimilation, although I know some groups hate that word. In other words, to integrate one must assimilate to a certain extent into Irish society, and that means giving up some things that were valuable in one’s own country.
It is important we reflect on the fact that immigrants have brought considerable economic benefits to this country and deserve to be treated fairly, with equality and to be fully educated. That is investment in our future. Immigration is good and necessary for this country and economic development is dependent on immigrants coming to this country. That is the reality, so we need to make it work. We also need immigrants to make it work. That is the type of conversation which should take place between us and the newcomers to this country.
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Migration
11/05/06 - This issue demands much of our time. What bothers me most about this debate is the manner in which it is conducted in the pubs and clubs. Senator McDowell made the point earlier that when one hears of “them” taking “our” jobs, one must inquire as to which jobs are at issue and should ask someone to point them out. What jobs do immigrants perform which we want either our children or ourselves to do? In other words, the question should not be permitted to hang rhetorically, but should be addressed each time. People should be pushed to explain and articulate their exact viewpoints. The reality is that the economy would die on its feet were the hundreds of thousands of migrant workers to leave. Not only should we tolerate them, we need them and must acknowledge and appreciate them.
There is another issue which has not been considered, namely, that the ordinary citizenry do not accept or recognise that in every country in the world where there has been a wave of immigrants, the children of these immigrants have given a major boost to the economy. We are getting something which is quite novel. We are getting a significant fillip from current immigrants and we can look forward to a further fillip from their children when they contribute to the economy of the country.
It is also a fact that the work the Minister of State is doing to protect foreign workers from exploitation is crucially important. If we get the reputation of being other than fair to all workers, we will no longer be seen as an attractive country in which people will invest. There will be a spin-off in this regard in the future.
We should have outgrown the concept of multiculturalism because it gives a completely wrong impression. This idea of giving each group their own space within society is not what should happen. The object must be interculturalism, where people from different cultural backgrounds merge together and work together to create a new integrated community. The words “assimilation” and “integration” raise peoples’ hackles. However, it depends what is meant by these phrases.
Integration and assimilation should not mean telling people that they cannot speak Chinese and stick to their own games, that they must play our games and speak our language. It should mean they should speak our language and play our games also so we can learn from them and they can learn from us. We should try to establish a quality of engagement between both cultural groups, not create ghettoes where each culture looks after their own space. There is nothing to be proud about having a Muslim school in Dublin. While there is nothing wrong with it, it is not a recognition of a great leap forward. It is more or less saying to people that we do not want them, even though that is not the intention. My concept of interculturalism is people growing, being educated and living together.
Back to top of the page
The Secure America and Orderly Immigration Act
08/11/05 - It is important that we look at this issue in a way that can make a difference for young Irish people in the United States.
It is most important that we say to those people on Capitol Hill who oppose this proposed legislation that every single economy in the world that has had an influx of immigrants has reaped a significant reward and benefit in the following generation. The children of immigrants have always proven to make a significant injection into the economy in which they live. Many young Irish people have arrived in foreign places with an eagerness to contribute and they now find themselves in a position where they cannot obtain driving licences and where simple matters such as banking are almost impossible. The same is true of attending a doctor, providing or gaining a medical history, getting married or obtaining the documentation people need for their daily lives. Life is proving impossible for these undocumented, illegal people in the United States. Difficulties are also encountered when it comes to insurance, particularly medical insurance, and even simple things such as credit cards.
These people are forced into a black economy. They are obliged to enter the shadows and not participate in the everyday work and life of the society in which they live. They are cast as criminals even though they have done nothing illegal in terms of their daily activities. As has already been said, they are paying taxes, adding to productivity and making a serious contribution to the economy of the United States. However, they are unacknowledged, unrecognised, undocumented and invisible within that country’s economy.
Any efforts the Minister makes will be supported by groups on all sides. Perhaps there are not many votes in this and for that reason it reflects well on Irish political life that people from both sides can come together in both Houses to say that they want something done for the individuals in question. We are all aware of families where parents worry every single night about their son or daughter in the United States who does not have the comfort and protection of citizenship, legality, etc. There is also the concern regarding whether they can get treatment if something happens to them. It is unlikely that they can ever come home for family occasions, be they occasions of sorrow or joy. They are effectively in exile.
That is why it is important from our point of view that we look at what is required on Capitol Hill. Is it possible that the State, under the control and authority of the Irish ambassador to Washington, would organise a full briefing of all the people who are worried about this matter on Capitol Hill. They should lobby all the people over there, put the points to them and see what we can give back. Senator Mooney made an important point about some reciprocation in terms of students from the United States coming to Ireland so that there would be flexibility in movement between the two countries. That is something important which should be done. The easiest way for this to be achieved would be if there was no longer any need for Irish people travelling to and from the United States to obtain visas. In this global society, we should be seen as a benign nation and there should be a free movement of labour between both economies. It would not be a significant problem for either side to come to arrangement on this.
It is up to us to show the support of these Houses to Senators McCain, Kennedy and others who have taken an important step to recognise the unrecognised and to give life back to these lost people in the United States’ economy, namely, the illegal Irish immigrants who are marginalised, excluded and vulnerable. They are prevented from participation and it behoves us to do our best for them.
In 1988 I raised in this House the importance of giving emigrants a voice in Irish society. I still believe there is a case for giving a restricted representation for emigrants in the Houses of the Oireachtas. I am not referring to an out-of-control proposal that would suddenly result in Irish emigrants in the United States or United Kingdom running Irish politics or dictating Irish policies. We would establish a line of contact were we to give representation and a voice to Irish emigrants, in this House in particular but perhaps also in the other House. This could and should be done and it would bring us closer to understanding the needs, worries and concerns of those about whom we speak.
Back to top of the page
Inconsistency in Immigration Rules
22/06/05 - There is no doubt that cases such as that raised by Senator Brian Hayes are widespread. An inconsistent approach is taken to those who enter and leave the State. I recently received representations from a person running a business in Munster concerning an employee from a non-EU country who was here officially and legally. When the employee in question experienced a problem with his visa, he was informed by the Department of Justice, Equality and Law Reform that he must leave the country but the matter would be sorted out on his return. However, on his return he was stopped at Shannon Airport. If the businessperson in question had not intervened with senior officials in the Department of Justice, Equality and Law Reform, the employee would not have been allowed back into the country, yet the reason he left in the first instance was to fulfil some stupid departmental rule.There is no logic to some of these cases.
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Immigrant Workers
04/05/05 - I thank the Minister for passing the information concerning Gama Construction to the authorities that can take action because that is crucial. The Minister was overly coy in his speech in saying legislation will address ownership of the permit. What will this legislation state? Who will hold the permit? The permit application should be initiated by the employer and, if granted, should be granted to the employee. The employee should be able to get the permit renewed or changed at the Department of Enterprise, Trade and Employment. I have been very impressed by officials at the Department in their commitment to labour and equality legislation. The problem is not within the Department. The problem lies in the staff numbers in the inspectorate. We need an enlarged inspectorate.
I am frustrated that trade unions and Government are dealing with this issue. Where is the contribution from IBEC? For every unscrupulous employer there is another fair employer who is being undercut and is at a disadvantage.
This situation is not in our interest. IBEC should be asked to speak up on this issue. We need to increase the inspectorate size and we need to ensure the work permit becomes the property of the employee. Any outstanding EU procurement directives should be put in place.
A culture of impunity appears to be developing among some employers. I am uncomfortable with all employers being tarred with the same brush as Gama Construction Ireland Limited. That is grossly unfair. Those who are acting unscrupulously and exploitatively are doing so with some impunity. The legislation should be framed in such a way that a company is required to prove compliance if challenged. The Minister’s work would be easier and the number of inspectors could be reduced if agreement were reached with employers that registered and accredited trade union representatives could see the facts for themselves. This would save calling in the Department’s inspectors and would prevent exploitation. Companies seeking permits should be required to prove to the Department that they are fair employers. According to the information on the Department’s website this point needs to be proved. There should be a requirement to issue payslips and any company that does not issue payslips should be in trouble.
When companies compete for public contracts the Department should be reassured the employers are compliant. In recent years the Minister has said the work permit system has readily facilitated the change of employment of the migrant worker. I do not agree with that. I agree with the Minister’s point that registering every employer ensures traceability. I would like this to be done for employers overseas and it should happen immediately. Once the employer initiates the permit it should be the property of the worker and the worker should be able to renew it in accordance with the existing procedure. The Minister should be satisfied the company is compliant with labour and equality legislation. Not only should migrant workers be paid a reasonable amount, they should be paid the same as their Irish colleagues.
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Report on Immigration (20/04/05)
20/04/05 - We had a discussion before our recent break on the need to consider the Minister for Justice, Equality and Law Reform’s document on immigration, which outlines his thinking with a view to future legislation. Many of the speakers on both sides of the House felt this would be useful. There is no crisis issue in this area currently as it has calmed momentarily. Now and not in the heat of battle, as it were, is the time we should be discussing it, when we can sit back and examine the system. There are matters in this about which we must be clear. If we all buy into a system we must live with the downside and the upside but we can at least put our views on record.
It would be helpful if we could be given notice of a discussion on this document to allow people to consult thereon. This is one of the issues on which we spoke about consulting people outside the House in terms of Seanad reform. Many people are involved in this issue. Indeed, I noticed the Leader speak out over the weekend. We have all met groups with different views on the issue. We now have an opportunity to do something and I would like the Leader to give perhaps ten days notice of when we might deal with this issue to allow Members to consult.
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Immigration & Residence in Ireland:Discussion Document
13/04/05 - We have had discussions on a number of occasions in this House with the Minister for Justice, Equality and Law Reform on the issue of immigration. The Minister has today produced a pretty extensive document - a discussion document that is neither a Green Paper or a White Paper - on immigration. On glancing through the document, it touches on many of the issues which we have asked be discussed, although no decisions have been taken. I believe that this is the House where that should be debated and I ask the Leader to raise this matter with the Minister for Justice, Equality and Law Reform within the next few weeks so that the Seanad may have the opportunity to discuss the document which deals with such issues as economic migration, family reunification and all the relevant matters we have discussed. Now is the time to influence legislation before it is published.
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Migrant Workers In Ireland
24/03/05 - I wish to comment on the issue to which Senator Brian Hayes referred. The situation is quite appalling. We have witnessed both sides of the migration debate recently. On one hand, people protested outside the gates of Leinster House on behalf of the Nigerian student. On the other, Deputy Joe Higgins has been raising the issue of GAMA Construction Ireland Limited for a number of weeks. People stated, when the Deputy first aired his concerns, that what he was saying could not be true and challenged him to speak on the matter outside the House, which he did. It now appears that he has been proven right and that matters appear to be even worse than he originally indicated. These people operate in Dickensian working and service conditions. They have no rights or supports and are not subject to health and safety regulations, which is appalling.
I understand that a member of the clergy in County Kilkenny has carried out a review on migrants involved in agricultural work in his area. He discovered that a number of these individuals are living in hay sheds, are being paid €2 per day and are being fed with white bread covered in brown sauce. This has only occurred in a small number of cases and does not reflect what happens on the majority of farms. Even so, it highlights the position in which Ireland finds itself in 2005. We must put a stop to this type of behaviour and Senator Brian Hayes’s proposal might offer us a way forward in that regard. The Minister for Enterprise, Trade and Employment must come before the House to explain how he intends to put a stop to it.
The Minister has spoken about the number of inspectors involved but the problem is growing. We discovered this morning that RTE is investigating a situation that has arisen in respect of Irish Ferries which involves a person who is running - on behalf of another employer - a beauty parlour on one of the company’s vessels, who is being paid exploitative wages, who does not have security of tenure and who only gets three days off each month. What happened when the matter was highlighted by RTE? The woman in question was sacked.
People must put aside the idea that this is a “lefty” issue. These interests to which I refer are undercutting decent employers. GAMA Construction is putting decent employers, contractors and those who tender honestly, openly and legally for business at a loss. For humane, legal and commercial reasons, this type of behaviour cannot be allowed to continue because it is wrong. I ask that the Minister come before the House to discuss this issue.
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Seanad debates are available in full on the Oireachtas Website
Each speech listed here is an edited speech. If you'd like to see the speech or debate in full, please go to the Oireachtas website and click on "Seanad Eireann" and then "Seanad Debates" and click on the relevant date as listed with each speech on this page.
Integration Policy – Immigration and Interculturalism (13/12/08)
Migration (11/05/06)
"Illegal" Irish - The Secure America and Orderly Immigration Act (11/10/05)
Inconsistency in Immigration Rules (22/06/05)
Immigrant Workers (04/05/05)
Report on Immigration (20/04/05)
Immigration & Residence in Ireland: Discussion Document (13/04/05)
Migrant Workers In Ireland (24/03/05)
Integration Policy – Immigration and Interculturalism
13/12/08 - I thank the Minister of State, Deputy Conor Lenihan, for his earlier contribution in which he said: We must work to ensure an intercultural society where the different cultures speak to each other, listen and ultimately enrich each other in the context of a common aspiration to promote the welfare and values of a new Irish society. …. The Minister of State put that forward as a challenge and I agree with it.
There is another issue I wish to deal with and about which all sides of the House should express outrage. We cannot accept a situation whereby every single appeal to the Refugee Appeals Tribunal has been rejected. That cannot be right, so we should examine the matter closely. I disagreed with criticisms of the previous Minister for Justice, Equality and Law Reform by those who called him fascist and racist. I did not often agree with the way in which he tried to do things, but I do not think he deliberately established a refugee appeals system to operate as it does. Somebody should examine what is going on in the Refugee Appeals Tribunal. If a certain number of cases go before an appeals structure and not one of them succeeds, questions must be asked.
The recent economic boom has been fuelled by immigrants. In every significant developed economy in the western world, the second generation of immigrants have provided an extraordinary injection into the successful development of the next phase of the economic cycle.
I do not wish to argue over words but I welcome that not only the Minister but also the Department has moved from a concept of multiculturalism to one of interculturalism. …. It is not about giving space to different groups, which is multiculturalism. Interculturalism, however, is where one measures a community by the quality of the engagement between different cultural backgrounds. That is a challenge not just to our society but also to immigrants.
The challenge to every immigrant group in this country is not just about integration but the fact that there must also be a certain cultural compromise by immigrants. There are too many do-gooders in this regard. I support and defend immigrants but that does not mean one does not pose questions and create challenges for them. I want to see second-generation immigrants playing in all-Ireland finals, but it must be allowed to happen by encouraging immigrants to participate in Gaelic games and whatever else is going on in this country.
We are talking about community building but to do it we need to be fair and firm. It is not about opening our gates to anybody who comes in but about recognising that when people come here, they come in through a process. That is why it needs to be regulated at all times. It does not mean having open doors because regulation is required and that should reflect labour force requirements.
In addition, we need to be humanitarian and recognise that some asylum seekers are economic migrants. There is nothing wrong with that if they make a contribution to our society, learn in our schools and add more to the community. It does mean, however, that a certain cultural compromise is required when they come here. The fact that people leave their own country to come here means that they have made a decision in that regard anyway. They are now living here and we want to see them playing Gaelic games and understanding Irish culture. That does not mean that we seek to change the core values of their own culture but it does mean a certain amount of assimilation, although I know some groups hate that word. In other words, to integrate one must assimilate to a certain extent into Irish society, and that means giving up some things that were valuable in one’s own country.
It is important we reflect on the fact that immigrants have brought considerable economic benefits to this country and deserve to be treated fairly, with equality and to be fully educated. That is investment in our future. Immigration is good and necessary for this country and economic development is dependent on immigrants coming to this country. That is the reality, so we need to make it work. We also need immigrants to make it work. That is the type of conversation which should take place between us and the newcomers to this country.
Back to top of the page
Migration
11/05/06 - This issue demands much of our time. What bothers me most about this debate is the manner in which it is conducted in the pubs and clubs. Senator McDowell made the point earlier that when one hears of “them” taking “our” jobs, one must inquire as to which jobs are at issue and should ask someone to point them out. What jobs do immigrants perform which we want either our children or ourselves to do? In other words, the question should not be permitted to hang rhetorically, but should be addressed each time. People should be pushed to explain and articulate their exact viewpoints. The reality is that the economy would die on its feet were the hundreds of thousands of migrant workers to leave. Not only should we tolerate them, we need them and must acknowledge and appreciate them.
There is another issue which has not been considered, namely, that the ordinary citizenry do not accept or recognise that in every country in the world where there has been a wave of immigrants, the children of these immigrants have given a major boost to the economy. We are getting something which is quite novel. We are getting a significant fillip from current immigrants and we can look forward to a further fillip from their children when they contribute to the economy of the country.
It is also a fact that the work the Minister of State is doing to protect foreign workers from exploitation is crucially important. If we get the reputation of being other than fair to all workers, we will no longer be seen as an attractive country in which people will invest. There will be a spin-off in this regard in the future.
We should have outgrown the concept of multiculturalism because it gives a completely wrong impression. This idea of giving each group their own space within society is not what should happen. The object must be interculturalism, where people from different cultural backgrounds merge together and work together to create a new integrated community. The words “assimilation” and “integration” raise peoples’ hackles. However, it depends what is meant by these phrases.
Integration and assimilation should not mean telling people that they cannot speak Chinese and stick to their own games, that they must play our games and speak our language. It should mean they should speak our language and play our games also so we can learn from them and they can learn from us. We should try to establish a quality of engagement between both cultural groups, not create ghettoes where each culture looks after their own space. There is nothing to be proud about having a Muslim school in Dublin. While there is nothing wrong with it, it is not a recognition of a great leap forward. It is more or less saying to people that we do not want them, even though that is not the intention. My concept of interculturalism is people growing, being educated and living together.
Back to top of the page
The Secure America and Orderly Immigration Act
08/11/05 - It is important that we look at this issue in a way that can make a difference for young Irish people in the United States.
It is most important that we say to those people on Capitol Hill who oppose this proposed legislation that every single economy in the world that has had an influx of immigrants has reaped a significant reward and benefit in the following generation. The children of immigrants have always proven to make a significant injection into the economy in which they live. Many young Irish people have arrived in foreign places with an eagerness to contribute and they now find themselves in a position where they cannot obtain driving licences and where simple matters such as banking are almost impossible. The same is true of attending a doctor, providing or gaining a medical history, getting married or obtaining the documentation people need for their daily lives. Life is proving impossible for these undocumented, illegal people in the United States. Difficulties are also encountered when it comes to insurance, particularly medical insurance, and even simple things such as credit cards.
These people are forced into a black economy. They are obliged to enter the shadows and not participate in the everyday work and life of the society in which they live. They are cast as criminals even though they have done nothing illegal in terms of their daily activities. As has already been said, they are paying taxes, adding to productivity and making a serious contribution to the economy of the United States. However, they are unacknowledged, unrecognised, undocumented and invisible within that country’s economy.
Any efforts the Minister makes will be supported by groups on all sides. Perhaps there are not many votes in this and for that reason it reflects well on Irish political life that people from both sides can come together in both Houses to say that they want something done for the individuals in question. We are all aware of families where parents worry every single night about their son or daughter in the United States who does not have the comfort and protection of citizenship, legality, etc. There is also the concern regarding whether they can get treatment if something happens to them. It is unlikely that they can ever come home for family occasions, be they occasions of sorrow or joy. They are effectively in exile.
That is why it is important from our point of view that we look at what is required on Capitol Hill. Is it possible that the State, under the control and authority of the Irish ambassador to Washington, would organise a full briefing of all the people who are worried about this matter on Capitol Hill. They should lobby all the people over there, put the points to them and see what we can give back. Senator Mooney made an important point about some reciprocation in terms of students from the United States coming to Ireland so that there would be flexibility in movement between the two countries. That is something important which should be done. The easiest way for this to be achieved would be if there was no longer any need for Irish people travelling to and from the United States to obtain visas. In this global society, we should be seen as a benign nation and there should be a free movement of labour between both economies. It would not be a significant problem for either side to come to arrangement on this.
It is up to us to show the support of these Houses to Senators McCain, Kennedy and others who have taken an important step to recognise the unrecognised and to give life back to these lost people in the United States’ economy, namely, the illegal Irish immigrants who are marginalised, excluded and vulnerable. They are prevented from participation and it behoves us to do our best for them.
In 1988 I raised in this House the importance of giving emigrants a voice in Irish society. I still believe there is a case for giving a restricted representation for emigrants in the Houses of the Oireachtas. I am not referring to an out-of-control proposal that would suddenly result in Irish emigrants in the United States or United Kingdom running Irish politics or dictating Irish policies. We would establish a line of contact were we to give representation and a voice to Irish emigrants, in this House in particular but perhaps also in the other House. This could and should be done and it would bring us closer to understanding the needs, worries and concerns of those about whom we speak.
Back to top of the page
Inconsistency in Immigration Rules
22/06/05 - There is no doubt that cases such as that raised by Senator Brian Hayes are widespread. An inconsistent approach is taken to those who enter and leave the State. I recently received representations from a person running a business in Munster concerning an employee from a non-EU country who was here officially and legally. When the employee in question experienced a problem with his visa, he was informed by the Department of Justice, Equality and Law Reform that he must leave the country but the matter would be sorted out on his return. However, on his return he was stopped at Shannon Airport. If the businessperson in question had not intervened with senior officials in the Department of Justice, Equality and Law Reform, the employee would not have been allowed back into the country, yet the reason he left in the first instance was to fulfil some stupid departmental rule.There is no logic to some of these cases.
Back to top of the page
Immigrant Workers
04/05/05 - I thank the Minister for passing the information concerning Gama Construction to the authorities that can take action because that is crucial. The Minister was overly coy in his speech in saying legislation will address ownership of the permit. What will this legislation state? Who will hold the permit? The permit application should be initiated by the employer and, if granted, should be granted to the employee. The employee should be able to get the permit renewed or changed at the Department of Enterprise, Trade and Employment. I have been very impressed by officials at the Department in their commitment to labour and equality legislation. The problem is not within the Department. The problem lies in the staff numbers in the inspectorate. We need an enlarged inspectorate.
I am frustrated that trade unions and Government are dealing with this issue. Where is the contribution from IBEC? For every unscrupulous employer there is another fair employer who is being undercut and is at a disadvantage.
This situation is not in our interest. IBEC should be asked to speak up on this issue. We need to increase the inspectorate size and we need to ensure the work permit becomes the property of the employee. Any outstanding EU procurement directives should be put in place.
A culture of impunity appears to be developing among some employers. I am uncomfortable with all employers being tarred with the same brush as Gama Construction Ireland Limited. That is grossly unfair. Those who are acting unscrupulously and exploitatively are doing so with some impunity. The legislation should be framed in such a way that a company is required to prove compliance if challenged. The Minister’s work would be easier and the number of inspectors could be reduced if agreement were reached with employers that registered and accredited trade union representatives could see the facts for themselves. This would save calling in the Department’s inspectors and would prevent exploitation. Companies seeking permits should be required to prove to the Department that they are fair employers. According to the information on the Department’s website this point needs to be proved. There should be a requirement to issue payslips and any company that does not issue payslips should be in trouble.
When companies compete for public contracts the Department should be reassured the employers are compliant. In recent years the Minister has said the work permit system has readily facilitated the change of employment of the migrant worker. I do not agree with that. I agree with the Minister’s point that registering every employer ensures traceability. I would like this to be done for employers overseas and it should happen immediately. Once the employer initiates the permit it should be the property of the worker and the worker should be able to renew it in accordance with the existing procedure. The Minister should be satisfied the company is compliant with labour and equality legislation. Not only should migrant workers be paid a reasonable amount, they should be paid the same as their Irish colleagues.
Back to top of the page
Report on Immigration (20/04/05)
20/04/05 - We had a discussion before our recent break on the need to consider the Minister for Justice, Equality and Law Reform’s document on immigration, which outlines his thinking with a view to future legislation. Many of the speakers on both sides of the House felt this would be useful. There is no crisis issue in this area currently as it has calmed momentarily. Now and not in the heat of battle, as it were, is the time we should be discussing it, when we can sit back and examine the system. There are matters in this about which we must be clear. If we all buy into a system we must live with the downside and the upside but we can at least put our views on record.
It would be helpful if we could be given notice of a discussion on this document to allow people to consult thereon. This is one of the issues on which we spoke about consulting people outside the House in terms of Seanad reform. Many people are involved in this issue. Indeed, I noticed the Leader speak out over the weekend. We have all met groups with different views on the issue. We now have an opportunity to do something and I would like the Leader to give perhaps ten days notice of when we might deal with this issue to allow Members to consult.
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Immigration & Residence in Ireland:Discussion Document
13/04/05 - We have had discussions on a number of occasions in this House with the Minister for Justice, Equality and Law Reform on the issue of immigration. The Minister has today produced a pretty extensive document - a discussion document that is neither a Green Paper or a White Paper - on immigration. On glancing through the document, it touches on many of the issues which we have asked be discussed, although no decisions have been taken. I believe that this is the House where that should be debated and I ask the Leader to raise this matter with the Minister for Justice, Equality and Law Reform within the next few weeks so that the Seanad may have the opportunity to discuss the document which deals with such issues as economic migration, family reunification and all the relevant matters we have discussed. Now is the time to influence legislation before it is published.
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Migrant Workers In Ireland
24/03/05 - I wish to comment on the issue to which Senator Brian Hayes referred. The situation is quite appalling. We have witnessed both sides of the migration debate recently. On one hand, people protested outside the gates of Leinster House on behalf of the Nigerian student. On the other, Deputy Joe Higgins has been raising the issue of GAMA Construction Ireland Limited for a number of weeks. People stated, when the Deputy first aired his concerns, that what he was saying could not be true and challenged him to speak on the matter outside the House, which he did. It now appears that he has been proven right and that matters appear to be even worse than he originally indicated. These people operate in Dickensian working and service conditions. They have no rights or supports and are not subject to health and safety regulations, which is appalling.
I understand that a member of the clergy in County Kilkenny has carried out a review on migrants involved in agricultural work in his area. He discovered that a number of these individuals are living in hay sheds, are being paid €2 per day and are being fed with white bread covered in brown sauce. This has only occurred in a small number of cases and does not reflect what happens on the majority of farms. Even so, it highlights the position in which Ireland finds itself in 2005. We must put a stop to this type of behaviour and Senator Brian Hayes’s proposal might offer us a way forward in that regard. The Minister for Enterprise, Trade and Employment must come before the House to explain how he intends to put a stop to it.
The Minister has spoken about the number of inspectors involved but the problem is growing. We discovered this morning that RTE is investigating a situation that has arisen in respect of Irish Ferries which involves a person who is running - on behalf of another employer - a beauty parlour on one of the company’s vessels, who is being paid exploitative wages, who does not have security of tenure and who only gets three days off each month. What happened when the matter was highlighted by RTE? The woman in question was sacked.
People must put aside the idea that this is a “lefty” issue. These interests to which I refer are undercutting decent employers. GAMA Construction is putting decent employers, contractors and those who tender honestly, openly and legally for business at a loss. For humane, legal and commercial reasons, this type of behaviour cannot be allowed to continue because it is wrong. I ask that the Minister come before the House to discuss this issue.
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