Dáil Éireann debate -
Wednesday, 31 Jan 2024

Vol. 1048 No. 7

Employment Permits Bill 2022: Report and Final Stages

An Cathaoirleach Gníomhach (Deputy Aengus Ó Snodaigh)

Amendments Nos. 1 to 3, inclusive, 5, 6, 9 to 16, inclusive, 18, 19, 22, 24, 25, 71 to 73, inclusive, 75 to 78, inclusive, 88, 89, 91 to 93, inclusive, 96, 99 and 105 are related and will be discussed together.

Amendments Nos. 10 and 11 are physical alternatives to amendment No. 9, amendment No. 11 is a physical alternative to amendment No. 10, amendment No. 13 is a physical alternative to amendment No. 12, amendment No. 15 is a physical alternative to amendment No. 14, and amendment No. 78 is a physical alternative to amendment No. 77.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Neale Richmond)

I move amendment No. 1:

In page 8, between lines 7 and 8, to insert the following:

“ “approved seasonal employer” has the meaning assigned to it by section 10(5);

“approved seasonal employer certificate” has the meaning assigned to it by section 10(6);

“seasonally recurrent employment” means an employment that relates to a certain time of the year or seasonal conditions;”.

I thank the Chief Whip for her time and co-operation on this legislation. I am pleased to have the opportunity to bring forward Report Stage amendments which address issues raised on Committee Stage of the Bill in November 2022. These amendments address issues raised on Committee Stage, specifically the establishment of a seasonal employment permit, the introduction of the option of employment permit holders to change employer under the employment permit as well as some technical amendments.

Before getting into the detail of the amendments, I wish to address two points raised on Committee Stage. First, on labour market access for spouses of employment permit holders, my predecessor, the Minister of State, Deputy English, noted on Committee Stage that he would return on Report Stage with an update regarding access to the labour market for spouses of employment permit holders. The conditions governing the eligibility requirements for family reunification, including remuneration levels, are a matter for the Minister for Justice. The Department of Justice policy requires that the sponsor demonstrate his or her capacity to provide for the family members if they are to be granted permission to come to Ireland. The policy sets out the rationale for applying resource requirements as part of the overall assessment of whether to approve an application for family unification and the conditions attaching permission issued to family members.

I understand the Department of Justice is reviewing this issue. Officials from my Department have written in support of extension of the rights of spouses of employment permit holders to access the labour market. Spouses, dependants or partners of either general employment permit holders or holders of intra-company transfer employment permits do not currently receive automatic work rights on the basis of the employment permit holder's permission. They are, however, free to apply for a separate employment permit in their own right.

In relation to the inclusion of contact details on the employment permit, my predecessor also noted on Committee Stage that he would return on Report Stage with a comment regarding inclusion of contact details for organisations such as the Workplace Relations Commission, WRC, and ICTU on the issued employment permit. The Bill provides for regulations making powers already available in Statutory Instrument 92, part (g). This action can be carried out through regulations and will be considered along with other commencement regulations. I think Deputy O’Reilly raised this matter on the previous Stage.

Amendment No. 1 provides a new definition for employers who will be registered to apply for the seasonal employment permit. It also defines the document to be used for registering these employers as well as the type of employment to be catered for under the seasonal employment permit. I am aware that my predecessor made a commitment during the Committee Stage debate to return to the issue of seasonal employment permits and to bring forward a number of amendments on Report Stage. The amendments I propose this evening will create a robust rights-based legislative framework to ensure protections are in place for seasonal workers. My officials and I have spent considerable time over the last year engaging with a wide range of stakeholders, including employers and migrant worker advocacy groups, to develop this framework. There has also been considerable amount of interaction with the Office of the Parliamentary Counsel to ensure the protections contained in these provisions would be fully enforceable.

I am grateful to the stakeholders who have had input to this process so far. Their insights have greatly increased my understanding of the issues at play and will really strengthen these aspects of the Bill. In addition to this consultation process, my officials have analysed comparable seasonal employment schemes in other jurisdictions and have taken advice from international organisations such as the UN agency for migration. We have taken lessons from these schemes and these considerable learnings have been translated into provisions that I will include this evening. I also emphasise that the EU seasonal worker's directive of 2014 has also informed the legal framework for seasonal employment permits. While Ireland has not opted into this directive, these amendments are aligned with its terms of employee rights, employee protection and scheme design.

The definition underpinning the provision contained in the proposed new sections of the Bill as set out in Chapter 3, approved seasonal employer, is the largest amendment in this group. For an employer to avail of the scheme they must get annual pre-approval as an approved seasonal employer. Any breaches of conditions, or non-compliance with rules in previous years will negatively impact the subsequent approval process. The application process will examine the employer's capability to adhere to the conditions of the scheme, including the provision of accommodation and health insurance. This process will not be excessively onerous on the employer and will in fact add to the efficiency of processing the seasonal employment permit once the candidate is selected.

I fully understand the value of knowing one's rights when it comes to ensuring fair treatment. Therefore it is planned that the documentation for the seasonal work permit will provide information on rights including contact details for the Workplace Relations Commission and relevant trade unions and advocacy groups, as well as information on the cost of the seasonal employment permit application and-or renewal.

It is essential this new permit works and is worthwhile for both employers and workers. In order to avoid any underemployment of seasonal workers, the scheme will require a minimum number of guaranteed working hours each week to ensure seasonal workers will be sufficiently remunerated. This is planned to be set at 32 hours in the regulations. Employers will be required to purchase adequate health insurance for seasonal workers and this cannot be deducted from the seasonal worker's wages. Occupational health and safety equipment and other materials, where required for the role, will be provided by the employer and cannot be deducted from the worker's pay. Accommodation, which means rental accommodation, which meets legal standards must be provided by the employer. This must be pre-certified by a certifying authority. The employer must inform my officials of all changes of accommodation and rent deductions cannot be greater than those allowed for under the National Minimum Wage Act.

Deputy Louise O'Reilly

I will take this opportunity to speak to my own amendments. I know a lot of the amendments have been grouped but they are all under the same heading of seasonal employment permits. I intend to speak on this issue only once this evening. I do not believe there is a need for seasonal employment permits. With the greatest of respect to the Minister of State, nothing he has said has convinced me. I am not saying that nothing he says will convince me, only that nothing he said has convinced me as yet. The Joint Committee on Enterprise, Trade and Employment has gone into this issue in significant detail. The committee has discussed this with experts in the area and with the Department and the committee produced a report which relayed its concerns about the introduction of seasonal employment permits. I believe there is not sufficient evidence to support the introduction of this type of permit. I am further concerned that we will also increase the risk of exploitation of the workers who will be employed under these permits. They will not be in Ireland for long enough to learn about or become acquainted with their rights. They will be here for long enough to be exploited but not for long enough to join a trade union. That is a grave concern I have.

The introduction of these permits will create a class of worker who will be the most vulnerable within the labour market. The creation of seasonal work permits to address supposed difficulties in certain sectors, regardless of whether that is the intention, could potentially facilitate the circumvention of improving pay and conditions. I spoke at length with a long-time union organiser who still organises workers today and he said the reason trade unions, migrant rights organisations and others are concerned about and oppose these permits is that the workers will be here for exactly long enough to be exploited but not for long enough to be organised and then they will be gone.

In Europe, we have seen evidence that such permits facilitate this exploitation. We know most employers do not engage in awful practices such as exploiting their workers, and I want the record to reflect that, but there are some who do. For those who do, these workers are the most vulnerable. It should be neither downplayed nor embellished. The facts are there. In 2023, the WRC carried out 4,727 inspections of businesses to ensure compliance with employment rights legislation. In the course of its investigations, the WRC found more than 1,000 breaches of the Payment of Wages Act, more than 1,000 breaches of the Organisation of Working Time Act, and more than 1,000 breaches of workers' terms of employment, to name but three of 11 areas investigated by it. The WRC recovered €1,950,601 in unpaid wages withheld from workers in 2023. If we go back as far as 2001, which is as far back as I can get records for, the WRC has recovered more than €22 million in wages withheld from workers. Some of the sectors with consistently high breach rates are those to which one would expect seasonal employment permits to be allocated. The Irish Human Rights and Equality Commission wrote to the Department of Enterprise, Trade and Employment stating that seasonal permit holders faced increased vulnerability to exploitation and the sectors where seasonal permits are present are high-risk sectors for trafficking and labour exploitation. It is for that reason I fear the creation of seasonal work permits in this way would be a grave mistake. What these workers need are decent pay and conditions and a right to collective bargaining. Until that exists for all workers, the creation of any kind of seasonal work permit will be, I believe, highly problematic.

It is not just Sinn Féin that is concerned about these seasonal worker permits. The Irish Congress of Trade Unions has expressed concerns, as has Migrant Rights Centre Ireland, MRCI, and the Irish Human Rights and Equality Commission. The Joint Committee on Enterprise, Trade and Employment expressed concern in its report on the Bill. We are not a lone voice; it is not just Sinn Féin that has a difficulty with this. I would argue that the Government, in proposing this, is a lone voice because I can name all of the people who can back this. No-one is clamouring for it and we certainly have not been under pressure. The opinion of many of those who have real experience in dealing with the labour market indicates that they are vehemently opposed to the introduction of seasonal work permits and we remain so.

Deputy Ged Nash

In the first instance, I support the remarks made by Deputy Louise O'Reilly. My own concerns and those of the Labour Party are well known and well established and have been articulated on several occasions since the publication of this Bill. While I do not myself have the benefit of being formally a member of the Oireachtas Joint Committee on Enterprise, Trade and Employment I did make a contribution on Committee Stage and introduced a number of amendments that would have sought to firm up the situation, as it were, linked to seasonal workers.

I have tabled two amendments. One may be related to this and another may not be but we will come to that later. In general terms, I share the concerns of the Irish Congress of Trade Unions, of the MRCI, and of other well-informed organisations working with migrant workers and to vindicate the rights of migrant workers all the time. It is always dangerous territory to enter when we consider introducing legislation to create a new class of worker or employee and a new tier of employment rights. In my view, this will diminish working standards across the board and labour standards more generally. I would proceed with caution on this. I said on Committee Stage, and I am reading my remarks and the remarks of others, that there is not an identified demand for seasonal workers in Ireland. To put it another way, and I put this to the Minister of State, who specifically is demanding the introduction of this new tier or this new class of employee? It is an area that requires cautious progress, if any. I am not convinced and I am not persuaded of the requirement for this new class of worker and seasonal permits more generally.

In my own experience, those who work in what might be described as seasonal industries are absolutely open to exploitation. I have dealt with many cases over the years in my own general region, if I can put it that way, of migrant workers and indeed workers from the European Union coming here and experiencing concerning levels and degrees of exploitation in many forms. These of course are individuals who may not be equipped themselves to vindicate their own rights. They may not have access to trade unions. Their employers are actively hostile to trade unions or to them obtaining the advice of Oireachtas Members who may have some experience in this regard. I have seen situations where employees themselves have been targeted and victimised because they have raised their heads above the parapet to complain of poor treatment in terms of the accommodation they are in, the transportation arrangements to and from their accommodation and their workplace and general employment standards and pay.

I would urge caution. It is important for those of us who have concerns about this to express them here at the outset of the debate.

Deputy David Stanton

I wish to refer to an issue that was raised at the start of the debate with respect to intra-company transfers. Is it in order to respond to those comments at this time?

An Cathaoirleach Gníomhach (Deputy Aengus Ó Snodaigh)

Yes.

Deputy David Stanton

Intra-company transfers are something I have been raising from time to time. It is where a company brings in a worker from abroad under a permit. Very often such people are highly skilled, highly paid and highly valued and they are badly needed by the companies here. The contract often lasts for about two years. You will understand, a Chathaoirligh, that if one goes to a foreign country that is far away, one leaves one's family behind. Currently, if a spouse or partner comes with the person, he or she cannot work. I am glad the Minister of State has said the Department of Justice is addressing this matter because I know of companies that have told me it has had a big impact on their employees deciding not to avail of the opportunity to come to Ireland. The situation is impacting negatively on the company, its business, progression, and development.

I am a bit disappointed that we have not taken the opportunity to address the matter in this legislation. It is something I raised on Committee Stage and on a number of occasions in the past. I have met companies who have spoken about it and who are upset about it, as it has been costly for them. It is an issue we need to deal with urgently. I am not sure if the Minister of State can bring forward amendments in the Seanad to deal with the issue.

A spouse who comes here can possibly get employment under the general employment permits but that is not certain. He or she might have skills in other areas but he or she cannot work so if a spouse decides to travel he or she could be stuck at home all day. If a spouse does not decide to travel, then the person who is due to come here may not decide to travel in the first instance, and thereby the company is impacted in a negative way, as is our industrial and economic performance. It is not a huge issue as the number of people involved is small but I urge the Minister of State to deal with it, perhaps before the Bill goes to the Seanad.

The amendment we are discussing relates to seasonal work permits. I note that quite a number of issues have been discovered by the authorities, which is good. Our focus should be on stamping out the abuse of any worker, seasonal or otherwise. I am aware of employers who require seasonal workers because the work only exists at certain times of the year. The workers value coming here to do the job at that time and then they move on to another country to do something else. Rather than stopping workers from coming here in the first place, we should focus on the need to put the regulations and enforcement in place so that abuse, no matter where it is found, is stamped out and not tolerated.

Deputy Catherine Murphy

I am not a member of the committee so I did not take part in the Committee Stage debate on the Bill but I find common ground with both Deputies Nash and O'Reilly and I am supportive of amendments Nos. 3 and 9. People who are most at risk need to be most protected. I can see why the Irish Congress of Trade Unions has expressed serious concerns. Not only are people here for a very short period and, as Deputy O'Reilly said, would not be able to orientate themselves with the rights under employment law, but very often there is an issue with language. In addition, such workers often live in a congregated living environment and they do not mix with other people who could give them information, so they are a particularly vulnerable and exposed group. The concerns that are being raised are valid.

I have come across a couple of cases similar to those outlined by Deputy Stanton. People do not understand it when it happens, but I can think of a couple of cases myself. I am sure other TDs can too. It is not a large-scale problem, but it is an issue. It is unfair on the partner that he or she cannot work. In one case I came across the spouse was a doctor but could not work. It is daft at a time when there is a need and in this case I think there was a recognition of the qualification. It shows that very often we have highly skilled people that we need, yet they are sitting at home. That is not the way to organise things. It is not very fair.

Deputy Michael Creed

Very often in the context of the debate we are having nationally at the moment about migration, we sometimes conveniently ignore the critical contribution to the economy of migrants in the workplace. In the context of this Bill I want to focus in particular on the people internationally whom we seek to come to work here because of their critical skill sets. I refer in particular to people who work in our health service, public and private, the IT sector and people with a range of other skills without whom the Irish economy would not work as well. We have a specific sector in the Department of Enterprise, Trade and Employment dealing with critical skills visas.

I want to make an observation and I implore the Minister of State not to say in response that it is not his area of responsibility, it is the responsibility of the Department of Justice or the Department of Further and Higher Education, Research, Innovation and Science or whatever the case may be. I want to bring a particular anomaly to his attention. I have had the experience of engaging with a number of people in my constituency who have moved here under the critical skills visa provision. In my experience they work in IT and healthcare in particular but there are many other skill sets that are also covered by that visa provision. Like all people who work here on visas, after a period they are entitled to be joined by family members. In the particular case with which I am familiar, family members came here for a number of years. One family member sat the leaving certificate in 2022 and another sat it in 2023 but because of the visa stamp, which was stamp 2, they were not in a position to take up an offer of a place in university. If they were to take one up, they would have to pay a foreign student rate. One of the cases I am aware of involved an engineering course in UCC where the fees are €15,000 for a foreign student.

If we as a nation are the beneficiaries of these people working in the Irish economy, we must treat them better. What is required is for the Departments of Enterprise, Trade and Employment, Further and Higher Education, Research, Innovation and Science and Justice to sit down together and accept there is a problem and that they cannot continue to pass the parcel. Somebody has to collectively decide that we are going to fix this.

Another manifestation of the problem is that having been unable to take up a place in university a student decided to pursue a post-leaving certificate course in pre-nursing and midway through the course the student could not continue with it because there is a work experience element for which permission to work is required and because the visa is a stamp 2 rather than stamp 4, the student could not avail of that. It was a case of being thwarted at every turn. This is an issue that will come home to roost. We will not be attractive to these critical skills employees if we do not address this issue. In his reply, I ask the Minister of State to perhaps signal that he and his Department will be part of a round-table discussion that will address all of the complexities of this issue. I accept it is not simple but I believe – I am sure the Minister of State concurs with me – if we do not address this matter we will no longer be attractive to critical skills employees.

Deputy Mick Barry

The Minister of State may guess which topic I will raise. I once again raise the issues of healthcare assistants from outside the European Economic Area, EEA, many of whom come here from India and play a vital role in our health service doing stressful work away from their families. They do not reach the minimum income threshold of €30,000. People who came here last year and the year before are on €27,000. They have to do difficult, stressful and vital work away from their spouses and children. Often, they cannot even talk to their kids during the day because, by the time they finish their shift, with the time differential, the kids have gone to bed. These healthcare assistants and home-care workers are the only groups for whom the new €30,000 rate has been deferred. For someone who wants to come from India next month or later in the spring, it would still be €27,000. Everyone else gets €30,000.

I understand in a discussion with workers' representatives, the Minister of State made the point that he did not meet representatives of employers before the decision was made. It seems he met the representatives of employers before the decision was announced. Will the Minister clarify the position? On 17 January, The Irish Times reported:

The new minimum rates, up from €27,000 to €30,000, were intended to apply to applications or renewals submitted from Wednesday, but after a meeting between Minister of State at the Department for employment and enterprise, Neale Richmond, and representatives of Nursing Homes Ireland on Monday, as well as engagements with other employers, it was confirmed on Tuesday the increases would be deferred for a period.

Were employers' representatives met before the announcement was made? Nursing Homes Ireland may promote the image of representing small, family businesses, and while I have no doubt there are small and medium-sized enterprises under its banner, the ESRI has pointed out that, increasingly, nursing homes are owned, at least in part, by big financial institutions. It seems the nursing homes were given a deferral when other groups were not. The deferral, I now understand, is for 12 months. Will the Minister of State clarify that? I see him shaking his head. When I first heard about this I thought the deferral might be for a couple of months but a deferral of a year - I am happy to be corrected if I am wrong - is quite a major one and a major concession to the owners of nursing homes.

These workers are doing stressful work away from their families, spouses and kids. If there is a discrimination - and it is a discrimination - with those workers on the work permit having a deferral of the increased rate, at the very least, they should get a concession at the other end. They should be allowed to have their spouse and kids with them while they are here doing difficult and stressful work in the health service. I ask the Minister of State for clarification as to whether he met Nursing Homes Ireland before the announcement was made about the deferral of the €30,000 rate for healthcare assistants. I ask him to clarify how long the deferral lasts. I thought it was a year but I would be happy to learn it is less.

Deputy Ged Nash

I support the position articulated by Deputy Barry. I have come across these situations. The first question the Minister of State needs to answer is what the position is, formally, in that regard. We have been reading reports about it but nothing formal has emerged from the Department at this point. There was a recent adjustment regarding the permits, up from €27,000 to €30,000. The logical next question is this. What about those on existing permits? Will they receive that uplift when the time comes? It is an important point and is of interest to SIPTU, for example, which has been raising this issue.

There has been some confusion. I have come across reports from employees of, putting it generously, employers leaning on them to keep their salary at €27,000 to maintain the threshold as it stands. It would be useful for everybody to have clarity about the position. If that is to be paused, what is the reason? When can we expect the new system to be up and running? This was long expected, well reported and well articulated. Will the Minister of State put the position on the record?

Deputy Neale Richmond

I will try to address the points raised and speak specifically to the amendments in the names of Deputies O'Reilly and Nash. We are discussing seasonal employment permits. The first thing to point out is that Ireland is an outlier internationally in not having them at this stage. We are one of few European Union countries, if not the only one, without them. We believe introducing them is a good thing.

I understand the concerns of the Deputies which they also raised on Committee Stage. I would like to provide some clarification on what we have planned. I appreciate that this will still not convince some, as has been laid out. I accept there is just a difference of opinion on that. My officials and I have engaged extensively with all of the groups listed by Deputies O'Reilly and Nash. I think representatives from the Migrant Rights Centre Ireland have joined us in the Gallery. We started a bit earlier than intended.

The plan with seasonal work permits is to introduce a rights-based pilot scheme, which will be designed. It will only be available from the outset to the horticultural sector. The pilot will be monitored and evaluated. It will be limited to a very small number of workers. The findings of the pilot scheme will decide how we continue this, for which sectors and what duration, going forward. It allows us to start the process on a narrow basis. I laid out the areas of accommodation and the provision of equipment, tools and health insurance and how important they are. We have provided extra resources to the WRC and other bodies concerning inspections. We expect them to play a proactive role in this matter. We will work hand in hand with the advocacy bodies mentioned, with which we already work quite closely, as well as trade unions and other sectors.

There were a number of other points raised. They are grouped amendments.

An Ceann Comhairle

We are out of time. I am sorry.

Deputy Neale Richmond

I will come back in later.

An Ceann Comhairle

There are two minutes remaining if the Minister of State wishes to continue.

Deputy David Stanton

The Minister of State spoke about inter-company transfers, about which I made a comment earlier. I understand that spouses and partners of people who come here on critical skills employment permits are allowed to work. It is a small move, then, to allow spouses and partners of the others to work as well. This issue came up earlier and it is one about which I feel strongly.

It is having an impact on companies, workers and their families when spouses and partners are not allowed work if they come here. Quite often, people decide not to come here because they do not want their spouses and partners to be at home all day with nothing to do. We know that critical skills people can work. I know there are other pathways as well but we should look at this seriously and allow spouses and partners of inter-company transfer people to work here when they arrive, in the same way as critical skills spouses and partners can do so.

Deputy Neale Richmond

On Deputy Stanton's point, it is the policy position of this Department that we agree with the points the Deputy has made. We are in discussion with the Department of Justice to try to move towards that. We received quite a number of correspondence and it relates to the points made by Deputy Creed on the entitlements of family members. There will be engagement going on between my Department, the Department of Justice and the Department of Further and Higher Education, Research, Innovation and Science. While we have to make sure this is equitable and does not diminish the entitlements of other Irish citizens, I believe there is a way to do it, because there is no point in issuing a work permit to someone on a critical skill and then have him or her leave after four or five months because his or her family cannot settle or access the labour market. We are not in the interest of blocking access.

In my remaining time, I will address the points made by Deputy Barry and by Deputy Nash, who I think made a supplementary on this. I met representatives of Nursing Homes Ireland but the decision had already been taken. No announcement was made. We responded to a press query.

On the timeline of deferral, it is my intention that we will be moving this up as soon as possible. I would like to see that done in the next two months at the very latest. While I will be moving this up by 17 January 2025, I hope and intend to have it done long before. As for spouses joining them, until they get up to €30,000 that is not possible and that is why we want to move it up to €30,000. I am well aware of the issues. Unbeknownst to Deputy Barry, I was a healthcare assistant in a former life for a number of years. I was a card-carrying trade union member as a health assistant. I am very aware of the issues. I met both of the groups. I have engaged with the group Deputy Barry asked me to meet and the other group thoroughly, and we will continue to engage with them over the next six weeks as we move to moving them up to the €30,000 as soon as possible. I think that answers Deputy Nash's point as well.

Deputy Ged Nash

In respect of the staff who are currently on €27,000, will they not experience the uplift to €30,000 when the threshold changes?

Deputy Neale Richmond

The uplift only goes to new work permits and renewals. Anyone who has renewed or has a new work permit will experience the uplift.

Deputy Ged Nash

There is no automatic uplift.

Amendment agreed to.

Deputy Louise O'Reilly

I move amendment No. 2:

In page 11, to delete line 26.

Amendment put:

The Dáil divided: Tá, 48; Níl, 74; Staon, 0.

Tá

• Andrews, Chris.
• Bacik, Ivana.
• Barry, Mick.
• Browne, Martin.
• Buckley, Pat.
• Cairns, Holly.
• Carthy, Matt.
• Connolly, Catherine.
• Conway-Walsh, Rose.
• Cronin, Réada.
• Crowe, Seán.
• Cullinane, David.
• Daly, Pa.
• Doherty, Pearse.
• Donnelly, Paul.
• Ellis, Dessie.
• Farrell, Mairéad.
• Funchion, Kathleen.
• Gould, Thomas.
• Guirke, Johnny.
• Howlin, Brendan.
• Kenny, Gino.
• Kenny, Martin.
• Kerrane, Claire.
• Mac Lochlainn, Pádraig.
• Mitchell, Denise.
• Munster, Imelda.
• Murphy, Catherine.
• Murphy, Paul.
• Mythen, Johnny.
• Nash, Ged.
• O'Callaghan, Cian.
• O'Reilly, Louise.
• O'Rourke, Darren.
• Ó Broin, Eoin.
• Ó Laoghaire, Donnchadh.
• Ó Murchú, Ruairí.
• Ó Ríordáin, Aodhán.
• Ó Snodaigh, Aengus.
• Pringle, Thomas.
• Quinlivan, Maurice.
• Sherlock, Sean.
• Smith, Duncan.
• Stanley, Brian.
• Tully, Pauline.
• Ward, Mark.
• Whitmore, Jennifer.
• Wynne, Violet-Anne.

Níl

• Berry, Cathal.
• Browne, James.
• Bruton, Richard.
• Byrne, Thomas.
• Cahill, Jackie.
• Canney, Seán.
• Cannon, Ciarán.
• Chambers, Jack.
• Collins, Niall.
• Costello, Patrick.
• Cowen, Barry.
• Creed, Michael.
• Crowe, Cathal.
• Devlin, Cormac.
• Dillon, Alan.
• Donnelly, Stephen.
• Duffy, Francis Noel.
• Durkan, Bernard J.
• English, Damien.
• Farrell, Alan.
• Feighan, Frankie.
• Flaherty, Joe.
• Flanagan, Charles.
• Fleming, Sean.
• Foley, Norma.
• Griffin, Brendan.
• Haughey, Seán.
• Healy-Rae, Michael.
• Heydon, Martin.
• Higgins, Emer.
• Humphreys, Heather.
• Kehoe, Paul.
• Lahart, John.
• Leddin, Brian.
• Madigan, Josepha.
• Martin, Catherine.
• Martin, Micheál.
• Matthews, Steven.
• McAuliffe, Paul.
• McConalogue, Charlie.
• McEntee, Helen.
• McGrath, Mattie.
• McGrath, Michael.
• McGuinness, John.
• McHugh, Joe.
• Moynihan, Aindrias.
• Moynihan, Michael.
• Murnane O'Connor, Jennifer.
• Naughton, Hildegarde.
• Noonan, Malcolm.
• O'Brien, Darragh.
• O'Brien, Joe.
• O'Callaghan, Jim.
• O'Connor, James.
• O'Dea, Willie.
• O'Donnell, Kieran.
• O'Donoghue, Richard.
• O'Donovan, Patrick.
• O'Dowd, Fergus.
• O'Gorman, Roderic.
• O'Sullivan, Christopher.
• O'Sullivan, Pádraig.
• Ó Cathasaigh, Marc.
• Ó Cuív, Éamon.
• Phelan, John Paul.
• Rabbitte, Anne.
• Richmond, Neale.
• Ring, Michael.
• Ryan, Eamon.
• Smith, Brendan.
• Smyth, Niamh.
• Smyth, Ossian.
• Stanton, David.
• Troy, Robert.

Staon

Tellers: Tá, Deputies Louise O'Reilly and Pádraig Mac Lochlainn; Níl, Deputies Hildegarde Naughton and Cormac Devlin.

Amendment declared lost.

An Ceann Comhairle

We have 105 more amendments to deal with. I ask Deputies leaving the Chamber to please do so quickly and quietly.

Deputy Neale Richmond

I move amendment No. 3:

In page 12, line 20, to delete “paragraph (b)” and substitute “paragraphs (b) and (c)”.

Amendment put and declared carried.

An Ceann Comhairle

Amendments Nos. 4, 8, 17, 20, 21, 26, 28, 29, 32, 34, 35, 53, 79, 86 and 87 are related and will be discussed together. Will the Minister move amendment No. 4 and address the cluster please?

Deputy Neale Richmond

I move amendment No. 4:

In page 12, lines 21 and 22, to delete “shall not be” and substitute “shall be not”.

These amendments are very straightforward. They are technical amendments, some deleting or adding a word or clarifying some small typographical mistakes, including cross-references. They are aimed at tidying up the Bill and are not policy-driven.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 5:

In page 12, to delete line 29.

Amendment put and declared carried.

Deputy Neale Richmond

I move amendment No. 6:

In page 13, line 7, to delete "insurer." and substitute the following:

"insurer,

or

(c) in respect of a seasonal employment permit, the total amount of—

(i) the salary that is paid to a foreign national, the hourly rate of which shall be not less than the national minimum hourly rate of pay or, where appropriate to the employment in respect of which the application is made, the hourly rate referred to in paragraph (b) of the definition of "standard working week remuneration",

(ii) any payment for board and accommodation, or either of them, or the monetary value of board and accommodation directly provided by the

employer, and

(iii) any payment for health insurance in respect of a foreign national should he or she require medical treatment for illness or injury during the period for which the employment permit is in force.".

Amendment agreed to.

Deputy Louise O'Reilly

I move amendment No. 7:

In page 13, to delete lines 31 to 40, and in page 14, to delete lines 1 to 6.

The record will show I have been very clear in my opposition to facilitating not just the current Minister but any Minister of the day in gaining the power to amend the employment permits system by way of regulation. The Oireachtas committee outlined concerns in this regard as part of its pre-legislative scrutiny report. The report stated that while the general scheme aimed to enable the employment permits system to respond quickly to changes in economic conditions, a move to prescribe rules in regulation rather than primary legislation could undermine public scrutiny and transparency.

In the interests of transparency and openness, such proposals should be debated on the floor of the Dáil rather than making provision that the Minister may make a change by way of regulation. I stress that this is no way directed at the current Minister. The concern is that it is a power that will be given to any and every Minister. While we in this House might have the best of intentions, we do not know what the intentions of the next Minister will be. The current provision is not appropriate, particularly when it comes to critical employment legislation. The proper place to have the discussion on any proposed changes is on the floor of the Dáil. The proposed powers should not be given to the Minister.

Deputy Neale Richmond

I acknowledge the point made by the Deputy on Committee Stage and again just now. While I take on board her concerns, my position is no different than that of my predecessor, Deputy English. As discussed on Committee Stage, the amendment proposes to delete section 4, which would remove the legislative basis for the Minister to make regulations on operational matters to enable the smooth functioning of the permits system. This would negatively affect the agility required under the 2018 review of economic migration policy to ensure the system remains fit for purpose into the future. The Minister would no longer have the power to make regulations in regard to key operational matters, which would render the system inoperable.

One of the major achievements in the context of Committee Stage was the agreement on the need to move certain aspects of the Bill into secondary legislation. This was done with a view to strengthening the flexibility and responsiveness of a major part of the State's economic migration mechanism in order to keep up with our dynamic labour market. There is no intention to make regulations in a non-transparent manner. The approach agreed on Committee Stage recognised that having the entire operation of the employment permits system detailed in primary legislation would hamper the filling of talent gaps in a timely manner. It is not the case that regulations are never scrutinised. Indeed, regulations are generally subject to great scrutiny and public consultation.

I reiterate Deputy English's commitment to work with Members on introducing regulations and to have conversations and reach agreement on bringing them forward. The advice given when developing legislation is that regulations make the operation of schemes more flexible than doing so in primary legislation. For these reasons, I cannot accept the amendment.

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 8:

In page 14, line 9, to delete "Public Expenditure and Reform" and substitute "Public Expenditure, National Development Plan Delivery and Reform".

Amendment agreed to.

Deputy Ged Nash

I move amendment No. 9:

In page 18, to delete lines 19 to 37.

Amendment, by leave, withdrawn.

Deputy Neale Richmond

I move amendment No. 10:

In page 18, to delete lines 34 to 37 and substitute the following:

"(j) to provide for the employment in the State of a foreign national who is employed by an approved seasonal employer—

(i) in a seasonally recurrent employment specified in regulations made under subsection (4)(a), and

(ii) during a period specified in regulations made under subsection (4)(b), (in this Act referred to as a "seasonal employment permit")."

Amendment put and declared carried.

An Ceann Comhairle

Amendment No. 11 cannot be moved.

Amendment No. 11 not moved.

Deputy Neale Richmond

I move amendment No. 12:

In page 19, to delete lines 3 to 8 and substitute the following:

"(4) The Minister may make regulations—

(a) without prejudice to the generality of section 41(2)(b), specifying the seasonally recurrent employments for which a seasonal employment permit may be granted,

and

(b) specifying the period or periods in a period of 12 months during which a foreign national may be employed in the State pursuant to a seasonal employment permit, each such period being not less than 3 and not more than 7 months, and such employments and periods may be specified by reference to categories of seasonally recurrent employments for which a seasonal employment permit may be granted and by reference to one or more economic sectors into which they fall.".

Amendment agreed to.

An Ceann Comhairle

Amendment No. 13 cannot be moved.

Amendment No. 13 not moved.

Deputy Neale Richmond

I move amendment No. 14:

In page 19, to delete lines 9 to 13.

Amendment agreed to.

An Ceann Comhairle

Amendment No. 15 cannot be moved.

Amendment No. 15 not moved.

Deputy Neale Richmond

I move amendment No. 16:

In page 19, between lines 13 and 14, to insert the following:

“CHAPTER 3

Approved seasonal employer

Application for approval as approved seasonal employer

10. (1) A person who wishes to employ a foreign national under a seasonal employment permit shall apply each year for approval as an approved seasonal employer in accordance with regulations under sections 41 and 44.

(2) In considering an application made under subsection (1), the Minister shall have regard to—

(a) the extent to which a decision to approve the person as an approved seasonal employer would be consistent with economic policy for the time being of the Government,

(b) such of the matters referred to in this section as are relevant to the application,

(c) if any of the provisions of section 11 fall to be applied in relation to the application, any matters that, in the opinion of the Minister, are material to the application of such a provision or provisions, and

(d) the purpose of a seasonal employment permit.

(3) Section 16(2), (3)(a) and (6) shall, subject to the modifications specified in subsection (4), apply to the approval of, or the refusal to approve, a person as an approved seasonal employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(4) The modifications mentioned in subsection (3) are—

(a) construing the references to an application for an employment permit as references to an application under subsection (1), and

(b) any other necessary modifications.

(5) Subject to section 11, the Minister may, on consideration of an application made under subsection (1), approve a person as an approved seasonal employer for a 12 month period (in this section referred to as an “approved seasonal employer”).

(6) Where the Minister approves a person under subsection (5), a certificate of approval as an approved seasonal employer (in this section referred to as an "approved seasonal employer certificate") shall be issued to the person concerned.

(7) An approved seasonal employer certificate shall specify the following information:

(a) the 12 month period for which the person concerned is approved as an approved seasonal employer;

(b) the name of the person concerned;

(c) any other information that, in the opinion of the Minister, is appropriate.

(8) Subsection (7) is in addition to any other provision of this Act, or any provision of regulations under section 44(7), specifying matters or information to be included in an approved seasonal employer certificate.

(9) An approved seasonal employer certificate may be issued under subsection (6) in electronic form and by such electronic means as may be provided for in regulations made under section 44(12).

(10) The Minister shall maintain a register of approved seasonal employers and shall publish the register in such manner as he or she considers appropriate.

Refusal to approve person as approved seasonal employer

11. (1) Section 26(2)(a) and (7) and section 27(1)(a), (c), (d), (f), (g), (h), (m) and (p) and (7) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 10 as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) in section 26(2)(a), construing the reference to the person who has made the offer of employment as the person who has made an application under section 10,

(b) in section 26(7), the omission of the reference to that section being subject to sections 38(5) and 39(5),

(c) in section 27—

(i) in subsection (1)(a), construing the reference to the applicant for the permit as a reference to the person applying under section 10,

(ii) in subsection (1)(c), construing the reference to the foreign national or the person who made the offer of employment as a reference to the person applying under section 10,

(iii) in subsection (1)(m), construing the reference to the remuneration to be paid to the foreign national concerned as a reference to the remuneration proposed to be paid to foreign nationals under a seasonal employment permit by the person applying under section 10, (iv) in subsection (1)(p), construing the reference to the person identified in the application in accordance with section 10(6), or as the case may be, the connected person, as a reference to the person applying under section 10, and

(v) in subsection (7), construing the reference to the person identified in the application in accordance with section 10(6) as a reference to the person applying under section 10,

(d) construing the references to the grant of an employment permit as references to the approval of a person as an approved seasonal employer under section 10, and

(e) construing the references to the application or the application for the permit as a reference to the application under section 10, and

(f) any other necessary modifications.

(3) The Minister may refuse to approve a person as an approved seasonal employer where—

(a) the application relates to a proposed employment that is not a seasonally recurrent employment specified in regulations made under section 9(4),

(b) the Minister is satisfied that the person has failed to comply with regulations made under section 41(7)(c) on a previous occasion,

(c) the person has not made appropriate arrangements—

(i) to provide accommodation for the foreign nationals proposed to be employed by the person under a seasonal employment permit, or

(ii) to provide appropriate health insurance in respect of the foreign nationals proposed to be employed by the person under a seasonal employment permit should they require medical treatment for illness or injury during the period for which they will be in the State pursuant to the employment permit,

or

(d) the person had—

(i) fewer than such number of employees as may be prescribed,

(ii) less than such turnover as may be prescribed, or

(iii) less than such balance sheet total as may be prescribed, in the financial year immediately preceding the year in which the application

under section 10(1) is made.

(4) Where the Minister refuses to approve a person as an approved seasonal employer, the Minister shall notify, in writing, the applicant of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 44(9), submit the decision to the Minister for review under subsection (5) within the period referred to in section 29(2) as applied by subsection (6).

(5) A decision of the Minister to refuse to approve a person as an approved seasonal employer may, in accordance with regulations under section 44(9), be submitted by the applicant therefor to the Minister for review.

(6) Section 29(2) to (8) shall, subject to the modifications specified in subsection (7), apply to a review under subsection (5) as they apply to a review under section 29(1).

(7) The modifications mentioned in subsection (6) are—

(a) in section 29(2), construing the reference to a submission under subsection (1) of that section as a reference to a submission under subsection (5),

(b) in section 29(3)—

(i) construing the reference to the application for the employment permit as a reference to the application for approval as an approved seasonal employer,

and

(ii) construing the reference to subsections (1) and (2) of that section as a reference to subsection (5) and section 29(2) (as applied by this section),

(c) construing the references to a decision referred to in subsection (1) or (3) of section 29 as references to a decision referred to in subsection (5),

(d) construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a person as an approved seasonal employer,

(e) construing the references to section 28 as references to subsection (4), and

(f) any other necessary modifications.

(8) This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a person as an approved seasonal employer under section 10.

(9) In this section—

“balance sheet total”, in relation to a person, means the aggregate of the amounts shown as assets in the person’s balance sheet;

“financial year” means the period of 12 months beginning on 1 January and ending on 31 December;

“turnover”, in relation to a person, means the amounts of revenue derived from the provision of goods and services falling within the person’s ordinary activities, after deduction of—

(a) trade discounts,

(b) value-added tax, and

(c) any other taxes based on the amounts so derived and, in the case of a person whose ordinary activities include the making or holding of investments, includes the gross revenue derived from such activities.".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 17:

In page 19, line 22, to delete "subsection" and substitute "subsections".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 18:

In page 19, to delete line 31.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 19:

In page 19, to delete line 36 and substitute the following:

"employment, or

(d) where the application is made in respect of a seasonal employment permit, the application shall be made by the person proposing to employ the foreign national who is, at the time of the making of the application, an approved seasonal employer."”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 20:

In page 20, lines 5 and 6, to delete "period preceding the application" and substitute "period, preceding the application,".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 21:

In page 25, line 10, to delete "paragraph or paragraphs" and substitute "provision or provisions".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 22:

In page 25, line 38, after "9," to insert "10,".

Amendment agreed to.

An Ceann Comhairle

Amendments Nos. 23, 30, 60, 68 to 70, inclusive, 74, 90, 94, 97, 98, 100, 101, 104 and 106 are related and will be discussed together.

Deputy Neale Richmond

I move amendment No. 23:

In page 26, line 6, to delete "by" and substitute "subject to sections 25 and 27, by".

This is a technical amendment to insert cross-references to sections provided for by the proposed amendment No. 30.

While amendment No. 23 is a technical amendment, this grouping deals with the proposed new sections 25 to 28, inclusive, which deal with employees changing employers and applications for employment permits. These provisions will introduce a facility for employment permit holders to easily transfer their permit to another employer for a similar role without the need for a new employment permit application. The change of employer option will be available to workers on certain employment permits after a prescribed period of nine months of employment with the original employer rather than having to reapply, as is the current situation, after a period of 12 months has passed.

The introduction of flexibility and transferability will strengthen employment rights and thereby increase Ireland's attractiveness to third-country workers with critical skills. General employment permit holders will be eligible to transfer to a new job within the type of employment for which they were granted the permit. For instance, a mechanic will only be able to transfer to another mechanic role. Critical skills employment permit holders will be able to transfer to a new job within the same category of employment for which they were granted a permit. In theory, for example, a mechanical engineer can transfer to a civil engineer job so long as he or she satisfies the employer's skills and qualifications requirements.

I am aware that some employers will be concerned about the potential negative impact of permit holders choosing to change employer in order to access better terms and conditions. However, on balance, the increased attractiveness of a more flexible Irish labour market and stronger employment rights for migrant workers outweigh these concerns of employers. These provisions will align Ireland with the current draft of the recast single permit directive of 2011, which is undergoing consideration at the European Council. The regulation-making powers under the sections will grant power to prescribe in regulation the rules around how many transfers are allowed within the lifetime of a permit and how many transfers are allowed for subsequent renewals. The original employment permit expiration date will not change. There will be no requirement for the new employer to reimburse the first employer for any recruitment costs. There will be a small, non-refundable charge of €100 to process the change of employer application, subject to waivers. If a transfer is refused, the employment permit holder can remain in the role in which he or she is currently working. There are a number of options available to the permit holder, including that he or she may request a different transfer for another job offer or apply for a new permit. Permit holders can be directed to the Workplace Relation Commission, WRC, to explore the reactivation of permit route or appeal the transfer refusal.

The seasonal permit will have a simplified renewal process for seasonal workers to remain with the same employer each season. Furthermore, during the working season, seasonal workers will have an option to move to another approved seasonal employer through a change of approved seasonal employer procedure. This process will follow the planned process for the general change of employer. Given that the approved seasonal employer will already be registered, the change of approved seasonal employer process will have a more streamlined approval process.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 24:

In page 27, line 3, to delete "and".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 25:

In page 27, line 5, to delete "section 9(2)(i)."” and substitute the following:

"section 9(2)(i), and

(c) a seasonal employment permit shall not exceed the period referred to in section 9(2)(j)(ii).".

Amendment put and declared carried.

Deputy Neale Richmond

I move amendment No. 26:

In page 28, line 1, after "employment" to insert "permit".

Amendment agreed to.

Deputy Louise O'Reilly

I move amendment No. 27:

In page 28, between lines 4 and 5, to insert the following:

"(4) An employment permit shall include contact details for the Irish Congress of Trade Unions and the Workplace Relations Commission.".

This amendment is straightforward and quite technical. It does not change a huge amount but it could make a huge change for the people impacted by it. The amendment is in line with what the former Minister of State suggested on Committee Stage could be done. I indicated at the time that I would be introducing the provision in an amended format. I see no reason for anyone to oppose it and I hope I am not about to hear one.

The amendment seeks to facilitate the inclusion on employment permits of the contact details for the Irish Congress of Trade Unions and the Workplace Relations Commission. These are places to which workers, particularly vulnerable and migrant workers and the kinds of workers we are specifically talking about this evening, can go to get assistance in vindicating their rights at work. Furthermore, they can be signposted at those places to Migrant Rights Centre Ireland, MRCI, and other groups that will be able to help them.

We have all discussed the need to protect workers, and this amendment is nothing less than a practical step that could be taken to facilitate those workers in vindicating their rights at work.

It is and it remains the best protection at work to be a member of a trade union. The Minister of State spoke about that himself. At one point at least, he obviously has seen the benefit of it. We would like that benefit extended to those who may not have grown up knowing about the Irish trade union movement or indeed where to go. As someone who worked in the Irish trade union movement for a good number of years, I probably felt that everybody knew about us, what a trade union was, about Liberty Hall and how to access it, but some people do not. It is really important those people know, particularly because if those who are new to this country and are working need the support of their trade union, they may not even know where to start to look for that. Therefore, contact details for those people who can help and support them should be included as part of the work permit.

Deputy Neale Richmond

I thank the Deputy for this proposed amendment, and I assure her that I still am a member of a trade union and will continue to be. I am delighted to see my own union accepting the results of the public pay talks. Regarding this issue, as the Deputy has already alluded to, my predecessor had instructed officials to investigate this issue following debate on Committee Stage. Officials have noted that the intention of the Deputy’s amendment is already provided for in the regulation-making powers of this Bill. Therefore, the amendment would duplicate the role of the regulation-making powers already available in section 19(2)(g). The Minister already has the power to carry out this action through regulations. I note that a similar regulation-making provision is proposed for the seasonal employment permit documentation to include similar details. I am happy to engage with the Deputy and other relevant parties to discuss operationalising this particular regulation as part of the commencement regulations associated with this Bill. We can do this in regulation. I commit to doing this in regulation, but as this matter is not a matter for primary legislation, I do not intend to accept this amendment.

Deputy Louise O'Reilly

I am content to withdraw the amendment on the basis of the commitment given by the Minister of State. For the record, no trade union has accepted the deal yet. The vote is not done.

Amendment, by leave, withdrawn.

Deputy Neale Richmond

I move amendment No. 28:

In page 32, line 9, to delete “evidence” and substitute “such evidence".

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 29:

In page 36, to delete lines 12 to 16 and substitute the following:

“(ii) where appropriate, the hourly rate referred to in subsection (3), and additional payment referred to in subsection (3) is to be made,

the amount of the additional payment to be made by the contractor or the subcontractor to the foreign national for the period for which the employment permit is in force, in such form as may be specified in regulations under section 44,”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 30:

In page 37, between lines 16 and 17, to insert the following:

“Change of employer: application and approval of change

25. (1) This section applies where—

(a) a general employment permit or a critical skills employment permit has been granted to a foreign national,

(b) a prescribed period has elapsed since the foreign national first commenced employment in the State pursuant to an employment permit, and

(c) the permit referred to in paragraph (a) is in force and will remain in force for at least 2 months from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1)(a) (in this section referred to as the “existing employer”) to a different employer (in this section referred to as the “new employer”) may be made by—

(a) the new employer, or

(b) the foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) A person making an application under this section shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 44 in respect of a change to the employer specified in an employment permit.

(5) A person making an application under this section shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 11) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the applicant has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing and, subject to subsection (8), be accompanied by such fee (if any) as may be prescribed.

(8) (a) The fee referred to in subsection (7) shall not be payable where the application is made in respect of a class of foreign national, employer or employment permit specified in regulations made under paragraph (b).

(b) The Minister may make regulations specifying a class or classes of foreign nationals, employers or employment permits in respect of which the prescribed fee for such application shall not be payable.

(9) Sections 16 and 20 shall, subject to the modifications specified in subsection (10), apply to the approval of, or the refusal to approve, a change of employer under this section as they apply to the grant of, or the refusal to grant, an employment permit.

(10) The modifications mentioned in subsection (9) are—

(a) in section 16—

(i) in subsection (1)(c), construing the reference to section 10 or 11 as a reference to this section, and

(ii) in subsection (1)(d), construing the reference to section 26 or 27 as a reference to section 26,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(11) Subject to sections 9, 20 (as applied by subsection (9)) and 26, the Minister may, on consideration of an application made under this section, approve a change to the employer specified in a permit referred to in subsection (1).

(12) Where the Minister approves a change of employer under subsection (11), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(13) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(14) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(15) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 19(2)(b), any statement of conditions attaching to the permit referred to in section 19(2)(f), and any information referred to in section 19(2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

Change of employer: refusal to approve change

26. (1) Section 26(1), (2)(a) and (7) and section 27(1) (other than paragraph (n)), (2), (3), (4) and (7) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 25 as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) in section 26(7), the omission of the reference to that section being subject to sections 38(5) and 39(5),

(b) in section 27—

(i) in subsection (1)(b), construing the reference to section 10(12) as a reference to section 25(8),

(ii) in subsection (1)(p), construing the reference to the person identified in the application in accordance with section 10(6), or as the case may be, the connected person, as a reference to the new employer, and

(iii) in subsection (7), construing the reference to the person identified in the application in accordance with section 10(6) as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 25,

(d) construing the references to the application for the permit or the application as a reference to the application under section 25, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 25 if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 25(1),

(b) the employment of the foreign national by the new employer—

(i) in the case of a general employment permit, is not the same type of employment for which the employment permit referred to in section 25(1) was granted, or

(ii) in the case of a critical skills employment permit, does not fall within the same category of employment (being a category of employment specified in regulations under section 41 in respect of which a critical skills employment permit may be granted) as the employment for which the employment permit referred to in section 25(1) was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including, in the case of a general employment permit, those relating to any of the matters specified under section 41(10) as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than 3 months outside the State during the period for which the employment permit has been in force that was not connected to his or her employment, or

(e) the foreign national has already made, under section 25, the maximum number of applications specified in regulations under section 41(5).

(4) Where the Minister refuses to approve a change of employer, the Minister shall notify, in writing, the applicant of—

(a) the decision,

(b) the reasons for it, and

(c) the fact that the applicant may, in accordance with regulations under section 44(9), submit the decision to the Minister for review under subsection (5) within the period referred to in section 29(2) as applied by subsection (6).

(5) A decision of the Minister to refuse to approve a change of employer may, in accordance with regulations under section 44(9), be submitted by the applicant therefore to the Minister for review.

(6) Section 29(2) to (8) shall, subject to the modifications specified in subsection (7), apply to a review under subsection (5) as they apply to a review under section 29(1).

(7) The modifications mentioned in subsection (6) are—

(a) in section 29(2), construing the reference to a submission under subsection (1) of that section as a reference to a submission under subsection (5),

(b) in section 29(3)—

(i) construing the reference to the application for the employment permit as a reference to the application under section 25, and

(ii) construing the reference to subsections (1) and (2) of that section as a reference to subsection (5) and section 29(2) (as applied by this section),

(c) construing the references to a decision referred to in subsection (1) or (3) of section 29 as references to a decision referred to in subsection (5),

(d) construing the references to the refusal or grant of an employment permit as references to the refusal or grant of approval of a change of employer under section 25,

(e) construing the references to section 28 as references to subsection (4), and

(f) any other necessary modifications.

(8) This section is without prejudice to the other requirements under this Act that must be satisfied with respect to the approval of a change of employer under section 25.

(9) In this section—

“existing employer” has the meaning assigned to it by section 25(2);

“new employer” has the meaning assigned to it by section 25(2).

Change of approved seasonal employer: application and approval of change

27. (1) This section applies where—

(a) a seasonal employment permit has been granted to a foreign national, and (b) that permit is in force and will remain in force for at least 3 weeks from the date of the making of an application under this section.

(2) An application to change the employer specified in a permit referred to in subsection (1) (in this section referred to as the “existing employer”) to a different employer, being an approved seasonal employer, (in this section referred to as the “new employer”) may be made by a foreign national.

(3) An application under this section shall not be made unless an offer of employment in the State has been made in writing to the foreign national by the new employer within such period, preceding the application, as may be prescribed.

(4) The foreign national shall provide, with the application, such information, documents and evidence as may be specified in regulations under section 44 in respect of a change to the employer specified in a seasonal employment permit.

(5) The foreign national shall furnish to the Minister—

(a) such information (being information of a similar nature to that referred to in section 11) as the Minister specifies in a direction in writing given by him or her for the purposes of this subsection, and

(b) if the Minister so requests, such statement or evidence, in such form as the Minister requests, confirming that the foreign national has complied with the terms of the employment permit and the provisions of this Act during the period ending on the making of the application under this section.

(6) The Minister shall publish, in such manner as he or she considers appropriate, any direction given under subsection (5)(a).

(7) An application under this section shall be in writing.

(8) Sections 16 and 20 shall, subject to the modifications specified in subsection (9), apply to an application to change employer under this section as they apply to an application to grant an employment permit.

(9) The modifications mentioned in subsection (8) are—

(a) in section 16—

(i) the omission of subsections (1)(b), (3)(b) and (4),

(ii) in subsection (1)(c), construing the reference to section 10 or 11 as a reference to this section, and

(iii) in subsection (1)(d), construing the reference to section 26 or 27 as a reference to section 28,

(b) construing the references to the grant of an employment permit as references to the approval of a change of employer under this section,

(c) construing the references to an application for an employment permit or an application for a grant of an employment permit as references to an application under this section, and

(d) any other necessary modifications.

(10) Subject to sections 9(2)(j), 20 (as applied by subsection (8)) and 28, the Minister may, on consideration of an application made under this section, approve a change to the approved seasonal employer specified in a permit referred to in subsection (1)(a).

(11) Where the Minister approves a change of employer under subsection (10), the permit concerned shall operate to permit the employment in the State of the foreign national concerned by the new employer in the employment specified in the application.

(12) The approval by the Minister of a change of employer under this section shall not operate to change the period for which the foreign national concerned may be employed in the State pursuant to the permit.

(13) Where the Minister approves a change of employer under this section, the foreign national concerned shall commence employment with the new employer within a prescribed period.

(14) Where the Minister approves a change of employer under this section—

(a) the Minister shall amend the permit concerned to specify the name of the new employer,

(b) the Minister may, where appropriate, amend the permit concerned in so far as it specifies the description and statement referred to in section 19(2)(b), any statement of conditions attaching to the permit referred to in section 19(2)(f), and any information referred to in section 19(2)(g), and

(c) the Minister shall, after making the amendments in paragraph (a) and, where applicable, paragraph (b), issue the permit to the foreign national concerned and the new employer.

Change of approved seasonal employer: refusal to approve change

28. (1) Section 26(7) and section 27(1)(a), (c), (d), (f) to (m) and (p) shall, subject to the modifications specified in subsection (2), apply to the refusal to approve a change of employer under section 27 as they apply to the refusal to grant an employment permit.

(2) The modifications mentioned in subsection (1) are—

(a) in section 26(7), the omission of the reference to that section being subject to sections 38(5) and 39(5),

(b) in section 27(1)(p), construing the reference to the person identified in the application in accordance with section 10(6), or as the case may be, the connected person, as a reference to the new employer,

(c) construing the references to the grant of an employment permit as references to the approval of a change of employer under section 27,

(d) construing the references to the application for the permit or the application as a reference to the application under section 27, and

(e) any other necessary modifications.

(3) The Minister may refuse to approve a change of employer under section 27 if—

(a) the foreign national is not, in the opinion of the Minister, employed by the existing employer in the employment specified in the employment permit referred to in section 27(1),

(b) the employment of the foreign national by the new employer is not the same type of seasonally recurrent employment for which the employment permit referred to in section 27(1)(a) was granted,

(c) the terms and conditions of the employment of the foreign national by the new employer are not comparable to those of the employment of the foreign national by the existing employer, including those relating to any of the matters specified under section 41(10) as a condition for the grant of such a permit,

(d) the foreign national has spent a continuous period of not less than one month outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,

(e) the foreign national has already made, under section 27, the maximum number of applications specified in regulations under section 41(5), or

(f) in the opinion of the Minister, the new employer has not made appropriate arrangements—

(i) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit referred to in section 27(1), or

(ii) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit referred to in section 27(1).

(4) Section 26(4) to (8) shall, subject to any necessary modifications, apply to a refusal to approve a change of employer under this section as they apply to a refusal to approve a change of employer under section 26.

(5) In this section—

“existing employer” has the meaning assigned to it by section 27(2);

“new employer” has the meaning assigned to it by section 27(2).”.

Amendment agreed to.

Deputy Louise O'Reilly

I move amendment No. 31:

In page 37, between lines 31 and 32, to insert the following:

“(2) The Minister shall refuse to grant an employment permit where in the 2 years preceding the day on which the application was made the person or employer who has made the offer of employment has been found by the WRC to be in breach of employment-legislation pertaining to any of the following:

(a) employment permits;

(b) national minimum wage;

(c) organisation of working time;

(d) paternity leave and benefit;

(e) payment of wages;

(f) protection of young persons;

(g) sick leave;

(h) workplace relations;

(i) terms of employment.”.

This amendment proposes to exclude employers who have been found to be in breach of the full suite of employment-related legislation from applying again for an employment permit for a period of two years following that breach. We all know and hear about the most egregious instances of unfair dismissals and breaches of employment law. Many of these make the front pages of the newspapers when they go all the way to the WRC. However, there are equally egregious breaches found by the WRC inspectors every day that never make the news and we may never hear about them. Those breaches should not be without due sanction. This amendment is designed to ensure an employment permit cannot be issued to an employer or a person who has been found to be in breach of equality- and employment-related legislation in the two years preceding the day on which the permit application was made. Again, we are discussing at length workers who are vulnerable. If we are genuine about wanting to protect them, there should be a real deterrent for employers who breach the employment legislation and equality legislation. We have talked a lot about the good work the WRC does, and I talk a lot about that because I know it to be true. As I have previously mentioned, it has recovered more than €22 million in stolen wages since 2001 and €1.9 million last year alone.

By virtue of this, we know not all employers are saints. While no one is suggesting all employers are dying to get these permits to exploit workers, we need to put in as many safeguards as we possibly can. I will say it again for the record. Nobody, neither me nor anyone else, is suggesting this is any way, shape or form the majority of employers. However, for the small few that do, they can destroy people's lives. Therefore, we believe there should be a sanction that those employers who have wilfully flouted the law of the State and who have treated their workers disgracefully should not have access to what I think we have all agreed is an especially vulnerable group of workers. If we have an employer who has been proven to engage in practices that are contrary to employment law and equality legislation, why would we facilitate that employer with direct access to those workers whom we collectively recognise, and I do not think anyone will dispute this, as among the most vulnerable in the labour market?

Deputy Neale Richmond

This amendment would add a new provision to the Bill that would effectively blacklist employers for any WRC breaches, not just conviction through the courts. 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. It is not the intention of the employment permits legislation to lock employers out of the system for all breaches. Furthermore, it is also not our intention to create a parallel system of employment law dependent on whether the employer has hired Irish or non-EEA employees. I note also the risk of promoting undocumented labour which could be an unintended consequence of locking business out of the employment permits system. That would be an outcome which would place the worker in a situation outside of the protections and regulations of the law.

The current legislation as it relates to authorised officers sets out the new legal basis for WRC inspections. The WRC can carry out an inspection on foot of a request from the employment permits unit. It can also carry out inspections for other reasons, for example, if it receives a complaint through the WRC call centre, an anonymous tip-off, a request from An Garda or a representation from a Member of the Oireachtas. In addition, the Minister has the power to refuse to process an employment permit application where the applicant has been prosecuted under the employment permits legislation. This is done through sections 27(1)(c) and 34(1)(b) of the published version of the Bill which provide a discretionary option to refuse an employment permit application where either party has been convicted of an offence.

The consequences for breaches of employment permit legislation include revocation of the employment permit, which is carried out by the employment permits unit, or prosecution. Prosecutions are brought forward by the WRC. There are penalties, including fines and imprisonment, set out under the legislation. Discretion, however, is necessary to allow for an examination of the nuances of each case, where a blanket refusal may have unintended consequences, such as preventing current workers from applying for or renewing their permits, even though they are innocent parties. I am confident employment permit holders are protected in the same way as Irish workers by virtue of the existing employment and equality legislation and penalties contained therein. Therefore I do not intend to accept this amendment.

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 32:

In page 39, line 36, to delete “section” and substitute “sections”.

Amendment agreed to.

An Ceann Comhairle

Amendments Nos. 33, 36 to 47, inclusive, and 80 to 85, inclusive, are related and may be taken together.

Deputy Neale Richmond

I move amendment No. 33:

In page 40, line 23, to delete “12 months” and substitute “a period to be prescribed (which period shall be not less than 6 and not more than 12 months)

Amendment No. 33 is a technical amendment which removes the 12-month minimum requirement to be with the first employer and inserts provision for the period to be prescribed, subject to a period of between six and 12 months. The rationale for this amendment is to operationalise in the Bill the headline rules for the change of employer provisions. This group of amendments provides for the inclusion of rules of refusal for the change of employer and change of approved seasonal employer provisions. These are broadly based on the provisions already in place concerning the refusal reasons for the consideration of general employment permits. As such, the majority of amendments here are consequential, cross-reference and technical amendments to provide for the inclusion of those topics and to update the language to ensure consistency of language across the Bill.

I draw the House's attention to one particular amendment which contains specific additional conditions. This is amendment No. 36 which inserts refusal reasons in the application for a seasonal employment permit where the employer has not complied with the scheme rules in relation to accommodation and health insurance. This is an important refusal reason which does not exist for the general employment permits but is proposed to be inserted to ensure adherence to the rules of the seasonal employment permits, as was laid out in the earlier debate.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 34:

In page 42, line 8, to delete “board (or either of them) for” and substitute “board, or either of them, for”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 35:

In page 42, line 12, to delete “insurance, in” and substitute “insurance in”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 36:

In page 42, between lines 36 and 37, to insert the following:

“(7) In the case of an application for a seasonal employment permit, the Minister may refuse to grant an employment permit if, in the opinion of the Minister, the approved seasonal employer has not made appropriate arrangements—

(a) to provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit, or

(b) to provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national should he or she require medical treatment for illness or injury during the period for which he or she will be in the State pursuant to the employment permit.”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 37:

In page 42, line 39, to delete “where such person”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 38:

In page 42, line 39, after “2014,” to insert “and”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 39:

In page 42, line 41, to delete “those Acts” and substitute “that Act”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 40:

In page 43, line 3, to delete “where such person”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 41:

In page 43, line 4, after “1907,” to insert “and”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 42:

In page 43, line 6, to delete “where such person”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 43:

In page 43, line 7, to delete “Industrial and Provident Societies Acts 1893 to 1978,” and substitute “Industrial and Provident Societies Acts 1893 to 2021, and”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 44:

In page 43, line 9, to delete “where such person”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 45:

In page 43, lines 9 and 10, to delete “Friendly Societies Acts 1896 to 1977,” and substitute “Friendly Societies Acts 1896 to 2021, and”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 46:

In page 43, line 12, to delete “where such person”.

Amendment agreed to.

Deputy Neale Richmond

I move amendment No. 47:

In page 43, line 13, after “1990,” to insert “and”.

Amendment agreed to.

An Ceann Comhairle

Amendments Nos. 48 to 52, inclusive, 54 to 59, inclusive, and 61 to 67, inclusive, are related and will be taken together.

Deputy Neale Richmond

I move amendment No. 48:

In page 46, line 30, to delete “or”.

This amendment is grouped with a number of amendments which deal with the renewal and revocation of permits for seasonal workers. The majority of the amendments are consequential cross-references and technical amendments to provide for the inclusion of the seasonal employment permit in the pre-existing provisions for renewal and revocation.

The purpose of this group is to insert the seasonal employment permit into the sections covering other types of permits. I draw the House's attention to particular amendments which contain specific additional conditions, such as amendment No. 49, which requires that the renewal of a seasonal employment permit must be made by the employer in question. It also requires that the employer must be registered as an approved seasonal employer at that point.

Amendment No. 54 sets out that a renewed seasonal permit will only be enforced during the period for which it is renewed. This should be taken to mean it can only be valid for the season which is to be prescribed in regulation and the permit will then not provide valid employment or migration permission outside of the set season.

Amendment No. 59 provides for similar grounds for refusal of renewal where the seasonal employment permit holder has spent a continuous period of one month outside the State during that seven-month season. This is a pro rated period based on the standard rule for general employment permits.

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 49:

In page 46, to delete line 33 and substitute the following:

"section 10(2)(c), or

(iv) for the renewal of a seasonal employment permit, shall be made by the employer concerned who is, at the time of the making of the application, an approved seasonal employer.".

Amendment put and declared carried.

Deputy Neale Richmond

I move amendment No. 50:

In page 47, line 14, to delete "specifies" and substitute "requests".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 51:

In page 47, line 29, after "section," to insert "section 9(2)(j)(ii),".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 52:

In page 47, line 30, after "Minister" to insert "in accordance with section 41(2)(j)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 53:

In page 48, line 9, to delete "the person" and substitute "the permit".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 54:

In page 48, between lines 14 and 15, to insert the following:

"(7) In the case of the renewal of a seasonal employment permit, the permit shall be in force only during the period for which the employment permit is renewed, which shall be during a period or periods specified in regulations under section 9(4)(b).".

Amendment put and declared carried.

Deputy Neale Richmond

I move amendment No. 55:

In page 49, line 22, after "not" to insert "or, in the case of a seasonal employment permit, was not during any period for which the permit was in force".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 56:

In page 49, line 23, to delete "section 19(2)" and substitute "section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 57:

In page 49, line 25, after "section 17(2)(b)" to insert "or, where applicable, the new employer within the meaning of section 25 or 27".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 58:

In page 49, to delete lines 29 to 33 and substitute the following:

"(b) in the opinion of the Minister—

(i) the remuneration paid to the foreign national, during the period for which the employment permit has been in force, is less than the remuneration stated pursuant to section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be, in the employment permit, or

(ii) the deductions stated pursuant to section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be, in the employment permit were different to the deductions made by the employer,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 59:

In page 49, to delete lines 34 to 36 and substitute the following:

"(c) the foreign national has spent a continuous period of not less than—

(i) 3 months, or

(ii) in the case of a seasonal employment permit, one month, outside the State during the period for which the employment permit has been in force that was not connected to his or her employment,".

Amendment put and agreed to.

Deputy Louise O'Reilly

I move amendment No. 60:

In page 51, between lines 2 and 3, to insert the following:

"Changing Employer

34. (1) A foreign national that has been granted an employment permit shall be permitted to change employer—

(a) after an initial period of 12 months has elapsed since the foreign national concerned first commenced employment in the State pursuant to an employment permit granted to him or her, or

(b) in instances where it has been demonstrated that the foreign national has suffered exploitation, or any other unforeseen circumstances as determined by the Minister in regulation.

(2) A foreign national shall be required to notify the Minister of the change of employer through a notification procedure as determined by the Minister in regulation and shall not be required to complete a new employment permit application.".

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 61:

In page 51, to delete lines 24 to 26 and substitute the following:

“(f) the foreign national has not—

(i) commenced employment in accordance with the employment permit within the period prescribed under section 17(9), or

(ii) where the Minister has approved a change of employer under section 25(11) or 27(10), commenced employment with the new employer (within the meaning of section 25 or 27, as the case may be) within the period prescribed under section 25(14) or 27(13), as the case may be,”.

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 62:

In page 52, between lines 7 and 8, to insert the following:

"(i) in the case of a seasonal employment permit, in the opinion of the Minister, the approved seasonal employer has failed to—

(i) provide appropriate accommodation for the foreign national during the period for which he or she will be in the State pursuant to the employment permit, or

(ii) provide, without any cost to the foreign national, appropriate health insurance in respect of the foreign national during the period for which the employment permit has been in force should he or she require medical treatment for illness or injury during such period,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 63:

In page 52, line 9, to delete "section 19(2)," and substitute "section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 64:

In page 52, line 12, after "section 25(1)(c)" to insert "or the new employer within the meaning of section 25 or 27".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 65:

In page 52, line 17, to delete "paragraph (a)(i) and (b)(i)" and substitute "paragraphs (a)(i), (b)(i) and (c)(i)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 66:

In page 52, line 24, to delete "section 19(2)" and substitute "section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 67:

In page 52, lines 25 and 26, to delete "referred to in section 19(2), stated pursuant to that section in the employment permit" and substitute "stated pursuant to section 19(2)(b), or 25(15)(b) or 27(14)(b) as the case may be, in the employment permit".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 68:

In page 54, line 30, to delete "subsection (6)" and substitute "subsections (6) and (6)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 69:

In page 55, between lines 21 and 22, to insert the following:

"(6) Subsection (1) shall not apply to a change of employer that is approved by the Minister under section 25(11) or 27(10).".

Amendment put and agreed to.

Deputy Ged Nash

I move amendment No. 70:

In page 55, to delete lines 29 to 39, to delete page 56, and in page 57, to delete lines 1 to 13 and substitute the following:

"Change of employer

38. (1) This section applies to a foreign national to whom a general employment permit has been granted and who wishes to change employment during the period for which the employment permit is in force.

(2) If the employment of a foreign national pursuant to an employment permit is terminated by the employer or the holder of the permit or otherwise, for whatever reason, ceases, the holder of the permit may secure—

(a) an employment that is the same type of employment for which the employment permit referred to in subsection (1) was granted, or

(b) a different employment to the one for which the employment permit referred to in subsection (1) was granted that—

(i) is specified in regulations under section 40 as an employment for which a general employment permit may be granted, or

(ii) is not an employment that is specified in such regulations as an employment for which a general employment permit shall not be granted or that falls within a category of employment for which such an employment permit shall not be granted.

(3) A foreign national to whom this section applies shall notify the Minister of the dates of termination of the first employment concerned and of commencement of the second employment concerned, within a prescribed period and the notification shall be in such form and include such information as may be prescribed.".

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 71:

In page 60, line 1, to delete "paragraphs (a)(i) and (b)(i)" and substitute "paragraphs (a)(i), (b)(i) and (c)(i)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 72:

In page 60, line 8, after "section 3(1)(b)(ii)" to insert "and 3(1)(c)(ii)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 73:

In page 60, line 9, to delete "paragraphs (a)(ii) and (b)(iii)" and substitute "paragraphs (a)(ii), (b)(iii) and (c)(iii)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 74:

In page 61, between lines 13 and 14, to insert the following:

"(5) When making regulations under subsection (1) in respect of a general employment permit, critical skills employment permit or seasonal employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for those classes of employment permit, may specify the maximum number of applications that may be made in respect of a particular foreign national under section 25 or 27, and may make different provision for different classes of employment permit, employments or categories of employments in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 75:

In page 61, between lines 38 and 39, to insert the following:

"(7) When making regulations under subsection (1) in respect of a seasonal employment permit, the Minister, in addition to providing for any of the matters specified in subsection (2) for that class of employment permit, shall specify—

(a) the period or periods each year during which a person may make an application for approval as an approved seasonal employer under section 10(1),

(b) the maximum number of approved seasonal employers that may stand approved by the Minister, and

(c) the minimum number of foreign nationals to be employed by an approved seasonal employer under a seasonal employment permit during the period for which the approved seasonal employer is approved under section 10(5),

and may make different provision in respect of different employments or categories of such employments and such employments or such categories may be provided for on the basis of one or more economic sectors into which they fall.".

Amendment put and agreed to.

Deputy Louise O'Reilly

I move amendment No. 76:

In page 62, line 21, to delete "or a seasonal employment permit".

Amendment, by leave, withdrawn.

Deputy Neale Richmond

I move amendment No. 77:

In page 68, lines 9 and 10, to delete "permit, specify or seasonal employment permit" and substitute "permit or seasonal employment permit, specify".

Amendment put and agreed to.

Amendment No. 78 not moved.

Deputy Neale Richmond

I move amendment No. 79:

In page 68, line 25, to delete "the Companies Act 2014," and substitute "that Act,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 80:

In page 68, line 33, to delete "such".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 81:

In page 68, line 35, to delete "such".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 82:

In page 68, lines 36 and 37, to delete "Industrial and Provident Societies Acts 1893 to 1978" and substitute "Industrial and Provident Societies Acts 1893 to 2021".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 83:

In page 68, line 38, to delete "such".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 84:

In page 68, lines 39 and 40, to delete "Friendly Societies Acts 1896 to 1977" and substitute "Friendly Societies Acts 1896 to 2021".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 85:

In page 69, line 1, to delete "such".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 86:

In page 70, line 20, to delete "be required" and substitute "require".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 87:

In page 70, line 38, to delete "evidence" and substitute "such evidence".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 88:

In page 71, between lines 25 and 26, to insert the following:

"(5) Without prejudice to the generality of subsections (1) and (2), regulations under this section may provide for the production, with an application for the grant or renewal or a seasonal employment permit, to the Minister of—

(a) information and documents relating to the arrangements made by the approved seasonal employer for accommodation and health insurance referred to in section 3(1)(c)(iii) and transport, where applicable, provided for foreign nationals, and

(b) such evidence as the Minister may reasonably require in order to verify such information or documents.

(6) The Minister shall make regulations providing for the procedure relating to the making of an application for approval as an approved seasonal employer under section 10 and may, when making the regulations, make different provision for different employments or categories of employment and in relation to different cases and different classes of cases and different circumstances or different classes of circumstances.

(7) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may make provision for all or any of the following:

(a) the form in which an application for approval as an approved seasonal employer shall be made and the form of an approved seasonal employer certificate;

(b) the production to the Minister, with an application for approval as an approved seasonal employer, of information and documents as the Minister may specify in respect of—

(i) the proposed employment to which the application relates and the terms and conditions, including the hours of work in each week, and the duration of the proposed employment concerned,

(ii) the business carried on by the applicant to which the seasonally recurrent employment concerned relates,

(iii) the place at which the business referred to in subparagraph (ii) is to be carried out,

(iv) the remuneration that is proposed to be paid by the person to the foreign nationals proposed to be employed under a seasonal employment permit and any deductions to be made from that remuneration,

(v) the making of an application for approval as an approved seasonal employer, and

(vi) any other requirement under this Act that, in respect of the approval as an approved seasonal employer and, where applicable, the grant or renewal of a seasonal employment permit, is required to be satisfied;

(c) the production to the Minister, with an application for approval as an approved seasonal employer, of documents and evidence to verify such documents—

(i) demonstrating that the applicant is registered with the Revenue Commissioners,

(ii) where the applicant is a company within the meaning of the Companies Act

2014, relating to the registration of the company pursuant to that Act,

(iii) relating to the registration of the business name, pursuant to the Act of 1963, of the applicant where the applicant has a registered business name, and (iv) where the applicant is—

(I) a limited partnership under the Limited Partnerships Act 1907, documents and evidence relating to the registration of the limited partnership under that Act,

(II) an industrial and provident society, documents and evidence relating to the registration of the society under the Industrial and Provident Societies Acts 1893 to 2021,

(III) a friendly society, documents and evidence relating to the registration of the society under the Friendly Societies Acts 1896 to 2021, and

(IV) a trade union, documents and evidence relating to the registration of the trade union under the Trade Union Acts 1871 to 1990;

(d) the period within which any information or documents, including additional information or documents requested by the Minister relating to approval as an approved seasonal employer, shall be furnished to the Minister;

(e) the production to the Minister, within a specified period, of such evidence as he or she may reasonably require in order to verify any information or documents previously furnished to the Minister in respect of an application for approval as an approved seasonal employer.

(8) Without prejudice to the generality of subsections (1), (2) and (6), regulations under this section may provide for the production, with an application for approval as an approved seasonal employer, to the Minister of—

(a) information and documents relating to the arrangements made, or proposed to be made, by the applicant for—

(i) accommodation and health insurance referred to in section 3(1)(c)(iii),

(ii) any accommodation, training or expenses required by regulations made in accordance with section 41(10)(a), where applicable, and

(iii) transport, where applicable, to be provided for foreign nationals proposed to be employed by the applicant under a seasonal employment permit,

(b) information and documents concerning any measures required, pursuant to regulations made in accordance with section 41(10)(b), to be taken by the applicant, where applicable, and

(c) such evidence as the Minister may reasonably require in order to verify such information or documents.

(9) The Minister may, in respect of an application under section 25 or 27, make regulations under this section specifying—

(a) the information and documents to be provided to the Minister that relate to the making of an application to change the employer specified in an employment permit under section 25 or 27,

(b) the form in which an application under section 25 or 27 is to be made,

(c) the production to the Minister, with an application under section 25, of documents and evidence referred to in section 44(2)(e), and

(d) the procedure for the making of an application under section 25 or 27 and for the approval of the change of employer on foot of such an application.".

Amendment put and declared carried.

Deputy Neale Richmond

I move amendment No. 89:

In page 72, line 3, to delete "subsections (1) and (2)” and substitute “subsections (1), (2) and (6)".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 90:

In page 72, line 5, after "permit," to insert "an application for approval as an approved seasonal employer or an application under section 25 or 27,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 91:

In page 72, line 7, after "employment" to insert "or a person applying for approval as an approved seasonal employer".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 92:

In page 72, line 14, after "employment" to insert "or a person applying for approval as an approved seasonal employer".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 93:

In page 72, line 22, after "employment," to insert "a person applying for approval as an approved seasonal employer,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 94:

In page 72, line 29, after "permit" to insert "or an application under section 25".

Amendment put and agreed to.

Deputy Ged Nash

I move amendment No. 95:

In page 72, between lines 29 and 30, to insert the following:

"(9) In regulations under this section, the Minister may—

(a) in relation to different classes of applications and having regard to the amount and complexity of the work involved in considering the applications, provide for—

(i) different fees,

(ii) exemptions from the payment of fees in specified circumstances, and

(iii) waivers, remissions or refunds (wholly or partly) of fees in specified circumstances,

and

(b) provide for the payment of reduced fees having regard to the method of payment of the fees.".

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 96:

In page 72, line 31, after "under" to insert "section 11(5), section 26(5) (including as applied by section 28(4))".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 97:

In page 74, line 7, to delete "section 10 or 30" and substitute "section 10, 11, 10, 25, 27 or 30".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 98:

In page 74, line 8, to delete "section 19, or" and substitute "section 19, 25(15) or 27(14),".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 99:

In page 74, between lines 8 and 9, to insert the following:

"(c) the issue of an approved seasonal employer certificate under section 10(6), or".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 100:

In page 77, line 23, to delete "Where" and substitute "Subject to sections 25 and 27, where".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 101:

In page 77, line 30, to delete "The" and substitute "Subject to sections 25 and 27, the".

Amendment put and agreed to.

An Ceann Comhairle

Amendments Nos. 102, 107 and 108 are related and will be discussed together.

Deputy Louise O'Reilly

I move amendment No. 102:

In page 82, line 11, after "Síochána" to insert ", inspectors from the Workplace Relations Commission, Labour Court, the Department of Social Protection, the Revenue Commissioners".

This amendment is straightforward. It provides that not only shall an employer not penalise, or threaten penalisation against, a worker for making a complaint to a member of An Garda Síochána or the Minister that a provision of this Bill is not being complied with, but they shall not threaten to penalise or penalise an employee for making a complaint to an inspector from the Workplace Relations Commission, the Labour Court, the Department of Social Protection or the Revenue Commissioners. As is the spirit of many of the amendments I have put forward, this group of amendments is about additional safeguards for what we have all agreed are a vulnerable group of workers.

Deputy Neale Richmond

I thank the Deputy for these three amendments, which seek to introduce additional bodies into section 54(3). The intention appears to be to prohibit the penalisation of employees where complaints are made. It is noted that the Workplace Relations Commission and the Labour Court have a role in the implementation of this Bill while the role of the Department of Social Protection and the Office of the Revenue Commissioners is not immediately clear. Such a change to this section may have considerable and unexpected knock-on effects to the other sections of this Bill. Due to the technical and interrelated nature of this Bill, I propose to examine the technical implications of such a change with the Office of the Parliamentary Counsel, OPC, and engage with the Deputy directly prior to the Seanad debate on the Bill to explore the intention in detail. I therefore ask the Deputy to withdraw the amendment pending a technical assessment.

Deputy Louise O'Reilly

I am content to withdraw but I want to bring to the Minister's attention that a number of commitments were given, and I understand given in good faith. However, on previous occasions we have had discussions, there has not been a follow-up. I genuinely expect a follow-up on this issue and on that basis, I am content to withdraw.

Amendment, by leave, withdrawn.

Deputy Ged Nash

I move amendment No. 103:

In page 85, between lines 15 and 16, to insert the following:

"Atypical Working Scheme for Nurses

58. (1) Notwithstanding any other provision of this Act, where a foreign national— (a) has been offered a contract of employment to work as a nurse in the State, and

(b) has been given leave to enter the State pursuant to the scheme established by the Minister for Justice known as the Atypical Working Scheme for Nurses, for the purpose of completing a clinical adaptation programme or aptitude test as specified in the scheme,

the foreign national is deemed to have been given a general employment permit of one year’s duration.

(2) A general employment permit deemed to have been given under subsection (1)—

(a) does not entitle the foreign national, unless and until he or she is registered with the Nursing and Midwifery Board of Ireland to do so, to work as a nurse, and (b) entitles the foreign national to work—

(i) in an employment that is ancillary to employment as a nurse (such as a healthcare assistant), where registration pursuant to any enactment is not a condition of such employment, and (ii) in a different employment that—

(I) is specified in regulations under section 40 as an employment for which a general employment permit may be granted, or

(II) is not an employment that is specified in such regulations as an employment for which a general employment permit shall not be granted or that falls within a category of employment for which such an employment permit shall not be granted.

(3) A foreign national to whom this section applies shall notify the Minister of the commencement of any employment concerned, within a prescribed period and the notification shall be in such form and include such information as may be prescribed.".

Amendment put and declared lost.

Deputy Neale Richmond

I move amendment No. 104:

In page 86, between lines 14 and 15, to insert the following:

"(f) in the case of a change of employer under section 25 or 27, the fact of the change to the employer, the name of the new employer (within the meaning of section 25 or 27, as the case may be) and the date of the approval by the Minister of the change;".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 105:

In page 87, line 16, after "sections" to insert "10, 11,".

Amendment put and agreed to.

Deputy Neale Richmond

I move amendment No. 106:

In page 87, line 17, after "21," to insert "24, 25, 26, 27, 28, 25,"

Amendment put and agreed to.

Deputy Louise O'Reilly

I move amendment No. 107:

In page 87, between lines 35 and 36, to insert the following:

"(d) the Workplace Relations Commission,".

Amendment put and declared lost.

Deputy Louise O'Reilly

I move amendment No. 108:

In page 88, between lines 8 and 9, to insert the following:

"(d) the Workplace Relations Commission,".

Amendment put and declared lost.

Bill, as amended, received for final consideration.

Question, "That the Bill do now pass", put and declared carried.