Second Stage Speech on the Employment Permits Bill 2005 - VirtualIreland.ru

Mr.Val · 12.10.2005, 13:22

V etot raz chut pobolshe detaley:

"by Mr. Micheál Martin T.D., Minister for Enterprise, Trade and Employment
on 12 October 2005 in Dáil Éireann
Check Against Delivery

I move that the Employment Permits Bill 2005 be read a second time.

Key Objectives
This Bill has two key objectives:

Firstly, it puts in place a statutory framework within which I will implement an active, managed economic migration policy, the details of which I am announcing to the House today. The three pillars of this employment permit policy will be Green Cards, an Intra-Company Transfer Scheme and a revised Work Permits system.
Secondly, it provides a number of new important protections for migrant workers who are working in Ireland.
Economic Migration Policy, Economic Development, Labour Market Conditions
Before dealing with these two key objectives and then going on to describe the Sections of the Bill in detail, I would first of all like to put today’s Bill in context in terms of our economic and labour market situation.

Obviously, economic migration policy must be responsive to different stages of economic development and to labour market conditions. I think we can be satisfied that our economic migration policy to date has been responsive in this way.

For example, during the past ten years Ireland has been transformed from being primarily a country of emigration, or outward migration, to a country of immigration, or inward migration. During the late 1980s as many as 65,000 people were leaving Ireland each year. This has changed so much that in the year to April 2005 the same number migrated into Ireland.

Economic migration policy responded quickly to the improvement in our economic performance, the fall in unemployment and the resultant labour shortages. As a consequence, the number of work permits issued increased dramatically from just less than 6,000 in 1999 to close to 48,000 in 2003.

Then, when the EU-10 Member States joined the EU, as a significant mark of solidarity with our new EU partners and in recognition of the tightness of our labour market, the Government decided to grant freedom of movement to nationals from these States from the date of Accession on 1st May 2004. This has had a major impact on the number of work permits being granted. In the nine months to end-September a total of 20,400 permits were issued of which just 6,000 were new permits.

In the year 2000 we also introduced the Work Visa/Work Authorisation system to deal with skills shortages among highly skilled occupations in the Information and Communications Technology, Construction and Health sectors, in particular. Last year 1,500 of these permits were issued.

There is now great diversity in our labour force. Nationals from over a hundred countries are working here, and between 1999 and 2005 the number working here has risen from 3.7% to 8%, or about 160,000, of the total labour force.

Therefore, I would say that so far our work permit policy has served the needs of the economy well and has reacted flexibly and successfully to the requirements and changes in our labour force.

Today’s Bill is another response to our skills and labour force needs.

Active, Managed Economic Migration Policy
As I said, the Employment Permits Bill puts in place a statutory framework for an active, managed economic migration policy.

The economic policy context for this was set out in the Enterprise Strategy Group Report and the Government’s Action Plan to implement it.

Both the Report and the Action Plan had as their objective the moving of the economy to a position where it is both knowledge-based and innovation-driven.

Labour market policy measures are a key part of this in three ways.

First of all, we must continue to upskill our own workforce. The One Step Up initiative, which I launched last month, will be crucial in this going forward. This ?35 million initiative, which FAS is implementing, will upskill our workforce through a process of Lifelong learning. It is focussing on lower skilled workers in SMEs, in particular, as that is where the most need lies.

Secondly, we must maximise the potential for European Economic Area nationals to fill most of our skills deficits. We are now part of a labour market of 200 million workers who have free access to our relatively small labour market of 2 million.

We are obliged as EU members to have regard for Community preference in meeting our labour market needs. Many EU-10 citizens have already come to work in Ireland. It is estimated that over 90,000 of them have come to work here at some stage since January 2004.

There is no doubt that for most of our skills shortages, appropriate EEA workers are available. The Forfas Expert Group on Future Skills Needs came to this conclusion in its Report entitled `Skills Needs in the Irish Economy: the Role of Migration’, which it will publish later this month.

However, there are skills shortages which cannot be sourced other than through economic migration. That is why the third key labour market policy measure to move our economy to one that is both innovation-driven and knowledge-based is the development of a strategic skills-based immigration policy. The Enterprise Strategy Group Report specifically referred to this and today’s Bill will allow me to implement this policy.

The focus of this policy will be to efficiently and effectively import those skills that we need to quickly move our economy onto a new plane, but which we cannot source from either within Ireland or the EEA.

The strategic skills-based immigration policy that I am announcing today has taken into account the views of the Forfas Expert Group on Future Skills Needs as expressed in its Report.

The Expert Group Report referred to the economic arguments that a migration policy that targets individuals possessing high or scarce skills can have a significant, positive impact on economic performance, and on GDP per capita and productivity, in particular when company-specific skills are required. To me these arguments are compelling and they have informed the policy I am announcing today. I would therefore like to thank the Expert Group for its work in this area which has been a very useful input to policy.

Job-offer is core
Our economic migration policy will be vacancy-driven rather than based on quotas or points. That means that the core of the policy is the offer of a job. In this way our employment permits policy will be both more responsive and more efficient in responding to the needs of the labour market. Our system will be simple and transparent, rather than complex and bureaucratic. We will avoid the complexities and inefficiencies involved in points and quota systems. The Expert Skills Group Report also favoured this approach.

The new employment permits system, which it is my intention to introduce next year, has three pillars:

Pillar One is the establishment for the first time in Ireland of a Green Card for occupations where there are skills shortages, which will be for a restricted list of occupations in the annual salary range from ?30,000 to ?60,000 and for a more extensive list of occupations in the annual salary range above ?60,000.
Pillar Two is a re-established Intra-Company transfer scheme for temporary trans-national management transfers, and
Pillar Three is a Work Permit scheme for a very restricted list of occupations up to ?30,000, where the shortage is one of labour rather than skills.
Through these three pillars we will implement an actively managed economic migration policy. This Bill provides a framework within which I have the flexibility to adapt and use different migration policy instruments based on different criteria as necessary. I will, of course, keep the implementation of the current set of policy instruments under review and will adapt them as necessary as the economy and the labour market continue to change.

In doing so we will take on board the lessons learned by other countries, including the integration issues which experience in those countries have raised. I know that the International Organisation for Migration will in the coming months produce a report on the `Economic and Social Implications of Migration to Ireland’, which has been commissioned by the National Economic and Social Council. I look forward to considering its findings.

Green Card System
The Green Card system will be for occupations where there are high level or strategic skills shortages. The key features of this new Green Card system will be as follows:

Firstly, where the annual salary – excluding bonuses - on offer is in excess of ?60,000, which is twice the average industrial wage, the Green Card will be available for an extensive list of occupations.
It will also be available in the annual salary range from ?30,000 to ?60,000, which is between the average industrial wage and twice that level, for a restricted number of occupations where we are experiencing skills shortages. These occupations will be identified after taking advice from the Expert Group and will be reviewed on a regular basis.

There are two reasons for using salary thresholds in this way. Firstly, in many cases high pay is a reasonable proxy for high skills. Experience with the current Work Visa/Work Authorisation Scheme has shown us this. Secondly, salary levels do provide some assurance that these workers can provide for their families here without State assistance.

The Expert Group Report has already given very firm indications of the sectors and occupations in question. The Report refers to skills shortages in the Information and Communications Technology, Health care and Construction sectors to which the current Work Visa/Work Authorisation Scheme applies. The Report also includes others such as the following: construction, financial services, engineering, pharmaceutical, and sales and marketing.

When allocating the Green Cards, regard will also be had to the skills, qualifications and experience of the workers and the numbers of Green Cards will be kept under constant review to ensure that it is not excessive, given the small size of our labour market.

The Second key feature of the system is that Green Cards will be issued for two years initially, with the possibility of permanent or long-term residence after that.
Thirdly, Green Card holders will be permitted to bring their spouses and families to join them immediately, and their spouses will have the right to work without a work permit.
With the implementation of this new Green Card system the existing Work Visa/Work Authorisation system, which has addressed our needs in this area until now, will be discontinued. The new Green Card will ensure that we can attract and retain the skills we need to move our economy to one based on innovation and knowledge.

Intra-Company Transfer Scheme
The second pillar of our new employment permit system is the re-establishment of the Intra-Company Transfer Scheme. This scheme is strictly for temporary management level transfers within a company or group of companies.This will allow for the temporary transfer of key management staff from overseas companies to offices in Ireland for a period of up to five years. This will in effect, bring us into line with current best international practice.

Work Permit System
The third pillar of our system will be a revised Work Permits System. This new system will have the following features:

Firstly, Work Permits would have to be applied for in respect of both :

those occupations in the annual salary range from ?30,000 to ?60,000 for which Green Cards will not be issued and
a limited number of occupations below an annual salary of ?30,000 where there are significant labour shortages; these occupations will be identified after taking the advice of the Expert Group.

Secondly, in both cases a labour market test, including advertisements in the national and/or local press, showing that the positions could not be filled from within the EEA will need to be met.
Thirdly, work permits will be granted first for a period of 2 years, then for a further period of 3 years. The fee will be the same as now - ?500 per annum: in other words, ?1,000 for the first 2 year period, and ?1,500 for the following 3 year period.

New Protections for Migrant Workers
I mentioned earlier that the other key objective of this Bill was the provision of a number of new important protections for migrant workers. These include:

Firstly, the granting of both the employment permit - whether the Work Permit or the Green Card - to the employee, rather than the employer. The Bill allows both the employee and the employer to apply for an employment permit, whether it be a Work Permit or a Green Card, based on an offer of employment.
As regards Work Permits, initially I would expect that the employer will continue to apply for them. This will facilitate the enforcement of employees’ rights and traceability.
Secondly, the employment permit will contain 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. This will provide migrant workers with greater freedom and flexibility.
Thirdly, the Bill prohibits employers from deducting expenses associated with recruitment from remuneration and from retaining personal documents belonging to the employee.
The Bill will introduce significant penalties for breaches of the legislation, comprising fines to a maximum of ?50,000 or terms of imprisonment not exceeding 5 years.

Enforcement of Employment Rights Legislation
I would now like to say a few words on the enforcement of Employment Rights legislation generally.

Doubling of Labour Inspectorate
Following my announcement on April 12th. last there are now 31 Inspector posts sanctioned for the Labour Inspectorate. This represents almost a doubling of Inspector personnel in the last 12 months and is indicative of my determination to ensure compliance with Employment Rights legislation.

I believe it is important to stress that the Labour Inspectorate operates without any differentiation with regard to worker nationality, as statutory employment rights and protections apply to immigrant workers in exactly the same manner as they do to native Irish workers. Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated.

At present, there are 20 Officers serving in Inspector posts and, following a competitive interview procedure, a further 11 Officers will be appointed. I anticipate that entire process being completed at the end of this month or very soon after. However, the breadth and complexity of the Inspectorate’s remit is such that considerable training is required. Initially, much of this training is undertaken in the company of an experienced Officer who will take time to explain the issues at hand and assist the trainee Inspector in developing the skills and confidence necessary to take on tasks alone. A new initiative in this regard is the assignment of an Officer to oversee and manage the training and development process in respect of this significant influx of new Officers to duties in the Inspectorate.

When these Officers are fully operational they will be concentrating on those employment sectors that have traditionally required considerable attention from the Inspectorate. These would be the construction sector and the services sectors that are covered by Employment Regulation Orders such as, hospitality, cleaning and agricultural work. It is notable that many migrant workers are employed in these sectors at present.

Discussion Document on Mandate and Resourcing
Apart from the strengthening of staff resources, other initiatives are underway also. Arising from a commitment in Sustaining Progress, and in order to assist in the preparation of proposals for consideration by Government, a Discussion Document was prepared by the Labour Inspectorate in relation to its Mandate and Resourcing. This comprehensive discussion document was prepared and circulated to the Social Partners in January of this year.

The Discussion Document covered the full dimension of issues that impact on the operation of the Labour Inspectorate ranging from the legislative framework right through to the operational aspects and staff development. The Discussion Document looked at a range of possibilities around the operation of the Labour Inspectorate and offered a spectrum of options ranging from a compliance regime where the initiative would move more toward the aggrieved employee, with the Labour Inspectorate offering support; to a model where the right of initiative would essentially remain with the Labour Inspectorate which would continue to conduct a hands-on approach.

The Discussion Document is not prescriptive – rather it seeks to present the arguments for and against an extensive range of issues impacting on the mandate and associated resourcing of the Labour Inspectorate together with its linked business units. The purpose of their inclusion is primarily to stimulate debate and signal that fundamental changes in the approach to the enforcement of employment rights compliance should be considered.

The Discussion Document has been well received among the Social Partners and the parties are now well advanced in their consideration of the more than 40 proposals on the agenda. The objective is to formulate a set of recommendations for Government arising from the various possibilities presented in the Discussion Document. The issues being discussed include concerns expressed by the Social Partners and other Departments. It is intended that this process will feed into and complementthe upcoming discussions in the context of the negotiations of a new national Social Partnership Agreement.

A proposal of particular interest is that a strategic programme of education and information dissemination in regard to employment rights be undertaken from early next year. It is intended that all general communications media will be utilised in order to underpin message delivery to the respective target audiences. It is intended that the programme will embrace the demand to target messages to workers in specific sectors and to meet the challenge of informing people who do not have sufficient English for it to be an effective working language for them.

Content of the Bill
I will now describe the details of the Bill’s provisions section by section.

Section 1: provides definitions for certain terms used throughout the Bill. In addition, subsections (2) and (3) cover the circumstances under which a recognised employment agency enters into a contract with a person to work or perform a service for a third party. Effectively, employment agencies may not apply for an employment permits on behalf of a third party.

Section 2: amends Section 2 of the Employment Permits Act 2003 to allow the employment of non-nationals in accordance with the provisions of Section 7.

Section 3 to 6: state the various conditions under which an application for an employment permit can be made.

Section 3 provides for the making of an application and outlines the four categories of persons who may apply for an employment permit under this Act:

an employer in the State
A non-national
A foreign contractual service supplier, and
Any other person party to the employment of a non-national in the State.

Section 4 provides that all employment permits are granted to the non-national employee, irrespective of who the applicant is. This is one of the more significant changes that the Bill proposes. Work permits are currently issued to the employer. Granting them to the employee will increase the power of migrant workers in the employment relationship.

Section 5 specifies the information to be provided in an application for a permit other than by a non-national, that is, applications by employers.The information which is required mirrors existing specifications with regard to work permit applications. It ensures that the proposed non-national candidate has the necessary skills qualifications and/or experience for the position and that the position is of a nature that would require to be filled by a non-national.

Section 6 specifies the information to be provided in an application for a permit by a non-national, that is, in applications for Green Cards by non-national employees. This information is currently required to be provided by applicants for work visa/work authorisation, which is the precursor of the Green Card.

Section 7 provides for the granting of employment permits by the Minister. This is a fundamental part of the employment permit process, which until now has not been provided for in legislation. It provides for the granting by regulation of permits of unlimited duration to non-national applicants. This allows the establishment of the Green Card” system.

Section 8 provides for the issuing of employment permits granted under Section 7 and provides for particular information to be stated on the permit. An employment permit granted under Section 7 shall be issued to the non-national employee. Where the application was made by the employer a copy of the permit will be issued to them.

Information relating to the rights and entitlements of the migrant worker, including their remuneration and a statement of the National Minimum Wage, the right to change employers and the prohibitions set out in Section 22, will be stated on the permit. As I said earlier, these new provisions will increase the awareness of employment rights among migrant workers and will increase their power in the employment relationship.

Section 9 is designed to meet our EU Treaty `Community preference’ obligations not to grant an employment permit unless it has been offered to EU Nationals first.

Section 10 stipulates further conditions for consideration when granting of work permits - including:

ascertaining the legitimacy of applications for employment permits;
the economic policy of the Government at the time and
the terms of any regulations in force with regard to the granting of employment permits.
Section 11 outlines the conditions for refusal to grant an employment permit and the procedures to be applied when an application has been refused.

Section 12 provides for review procedures in the case of a decision to refuse to grant an employment permit under section 10.

Section 13 deals with the making of regulations governing the granting and renewal of employment permits, including limiting the number of permits granted, the categories of employment and qualifications or skills and the period covered by the permit. This Section together with Section 14 enables the Minister to monitor and adjust the employment permits system in line with prevailing economic conditions.

Section 14 specifies the criteria that must be observed when making regulations under Section 13. These criteria relate to economic and social development and competitiveness in the State.

Section 15 lays down the conditions under which I may revoke an employment permit and sets out the conditions that determine at what stage the revocation will take place.

Section 16 provides the conditions under which a decision to revoke an employment permit may be submitted to the Minister. The conditions of Section 16 largely mirror those outlined under Section 12, which deals with the review of the decision to refuse to grant a permit.

Section 17 – 18 These sections describe various misuses of employment permits that are prohibited and provide that persons in contradiction of these provisions are guilty of an offence. Such misuses include forgery and fraudulent use or alteration of employment permits, or illegal transfer of permits.

Section 19 provides for the renewal of employment permits in various circumstances. A significant aspect of this Section is its provision to allow the renewal by regulation of permits of unlimited duration to non-national applicants, that is to Green Card applicants. This in effect allows the provision of permanent residency to them.

The applicant must confirm that they have complied with the terms of the permit and of this Act up to the point of application for renewal, if deemed necessary.

As is the present practice, it is not necessary for them to undertake a labour market test to ensure that the skills deemed necessary for the employment cannot be sourced locally.

Section 20 allows for the cessation and reinstatement of employment permits.

Section 21 provides for the appointment and conditions of officers authorised for the purposes of the Act. In practice, the Garda National Immigration Bureau enforce the law in relation to illegal working. The Labour Inspectorate of my Department has responsibility for the monitoring and enforcement of the rights, protections and entitlements under the employment protection legislation.

Section 22 provides additional statutory protection for migrant workers, which includethe prohibition on employers either deducting recruitment expenses from remuneration or from retaining workers’ personal documents, including passports. Any employer who contravenes any of the provisions of this Section is guilty of an offence.

Section 23 provides for the circumstances pertaining to the surrender of an employment permit. The holder is obliged to return the permit to my Department within 4 weeks of the date the employment ceased.

Section 24 relates to the provision of false or misleading information – this is an offence.

Section 25 Employers are obliged to retain, make available and furnish to an authorised officer if requested books, records and accounts concerning a non-national employee. A person who contravenes this Section is guilty of an offence.

Section 26 provides for the establishment and maintenance of a register of employmentpermits granted under the Act. This information is already recorded by my Department.

Section 27 enables the Minister to make regulations to govern the procedures with regard to the application and renewal of an employment permit. This section deals primarily with administrative matters.

Section 28 provides for the making of regulations on a range of issues referred to in the Act and provides for their laying before the Houses of the Oireachtas.

Section 29provides for the serving of notices and their requirements.

Section 30provides for penalties and proceedings with regard to offences incurred under this Act. On conviction for an offence under this Act a person may be liable for a fine of ?5,000 up to ?50,000 and/or imprisonment for a period from 12 months up to 5 years.

Section 31 qualifies section 30 by setting out a standard provision in relation to offences by corporate bodies and places responsibility for such offences on individuals where appropriate.

Sections 32 – 36provide for the delegation of certain functions to officers, transitional arrangements for permits currently in force, aligns the definition of non-national to conform with the definition in Section 1 of the Immigration Act 1999, provides sanction for the expenditure incurred in the implementation of this Act and the preliminaries common to all legislation.

Committee Stage Amendments
Since the publication of the Bill last June, the Forfas Expert Group on Future Skills Needs have completed their work to which I have already referred and their Report will be published in the near future. Partly in order to take account of their findings, the Bill as published will require some amendments, which I will bring forward at Committee Stage. The amendments will also include one to cover “whistleblowers”, to facilitate those who wish to expose illegalities under this legislation to do so.

Conclusion
Having described in detail the provisions of this Bill, I would say in conclusion that there is no doubt that the successful performance of the Irish economy over recent years in terms of growth and job creation has been phenomenal.

There is equally no doubt that in order to sustain economic growth going forward, we must ensure that we position our economy as one that is both knowledge-based and innovation-driven. To do this means labour force policy action on three fronts:

We must upskill our own workforce
We must also maximise the potential for European Economic Area nationals to fill most of our skills deficits from the EU labour force of 200 million and finally,
We must supplement these actions with the efficient, flexible, strategic, managed and skills-based immigration policy that I have announced today. This in my view is a key part of our policy going forward which will enable us to meet any deficits we have for high level and strategic skills.
This Bill also importantly increases our protection of migrant workers in a number of key respects. It is absolutely essential that workers from abroad enjoy the same rights and protections as Irish national workers.

Together these twin elements of the Bill will ensure that our economy and labour market will continue to be successful, sustainable and fair.

I commend this Bill to the House."

YellowMan · 12.10.2005, 14:03

Интересно, кто-нибудь до конца дочитал ?

SPDAY · 12.10.2005, 14:08

Цитата:

Сообщение от YellowMan

Интересно, кто-нибудь до конца дочитал ?

выборочное сканирование рулит

Benjamin · 12.10.2005, 14:17

Вот это более реально:
It will also be available in the annual salary range from ?30,000 to ?60,000, which is between the average industrial wage and twice that level, for a restricted number of occupations where we are experiencing skills shortages. These occupations will be identified after taking advice from the Expert Group and will be reviewed on a regular basis.

dzher · 12.10.2005, 14:18

интересно чего они с уже выданными WV делать будут ?
приравняют к GC и женам WP уже совсем не понадобиться ?

dzher · 12.10.2005, 14:30

Цитата:

* The Second key feature of the system is that Green Cards will be issued for two years initially, with the possibility of permanent or long-term residence after that.
* Thirdly, Green Card holders will be permitted to bring their spouses and families to join them immediately, and their spouses will have the right to work without a work permit.

вот собсно ето ... те кто уже 2+ года работают по WP/WV/WA и с зп 30..60к - GC им дадут сразу или как ?

AlexM · 12.10.2005, 14:32

Цитата:

Сообщение от dzher

интересно чего они с уже выданными WV делать будут ?
приравняют к GC и женам WP уже совсем не понадобиться ?

а также не понятно что будут с текущими WP делать, выданными на основании супруга-WV-holder'a..

KaraNagai · 12.10.2005, 14:40

я тут суммари написал, надеюсь нексус меня не забанит: http://www.todublin.com/?p=134

переписывать влом.

но два пункта:

1. думаю, что из текста следует, что обладателям WV дадут лонг терм резиденс при реньювале

2. думаю, что из текста следует, что при смене работы в первые два года обладателям гринкарты придется подавать на новую гринкарту

Mr.Val · 12.10.2005, 15:14

seychas kak raz idet prjamaja web-transljazija obsuzhdenija etogo billa iz parlamenta-mozhet komu-nibud budet interesno poslushat?

http://www.oireachtas.ie/viewdoc.asp.../document2.htm