Law change on workers without permits is welcomed

Trade unions and employer bodies have welcomed Government plans announced yesterday to make it illegal for employers to hire …

Trade unions and employer bodies have welcomed Government plans announced yesterday to make it illegal for employers to hire undocumented non-European migrants.

The provision will end the anomaly whereby it is not an offence for an employer to hire migrants who do not have the necessary employment permits, although it is an offence for the workers.

Immigration gardaí estimate that more than 10,000 illegal immigrants are working in the Republic, with many using false EU identity documents.

European nationals are automatically entitled to work in Ireland, but those outside the European Economic Area (EEA) must secure work permits or visas. The EEA comprises the 15 EU member-states plus Norway, Iceland and Liechtenstein.

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The provisions announced yesterday are part of the Employment Permits Bill, due to be published by the autumn, which will update parts of the Aliens Act 1935. The Tánaiste, Ms Harney, said all non-EEA nationals on work permits had the same rights and protection under labour law as Irish nationals.

She added: "However, the employment of persons who do not have a permit to work in the State puts the employees in question in danger of exploitation and jeopardises the State's capacity to ensure that they receive the full benefits of Ireland's social protection framework."

Employers hiring people not authorised to work could also "gain an unfair competitive advantage" over those who choose to comply with the law, she added.

The Bill will also make it an offence for employers to deduct from employees' wages any costs associated with taking up work in Ireland. It includes other measures aimed at removing the work permit regime from the scope of political influence or lobbying.

Deciding officers in the Department of Enterprise, Trade and Employment will in future have to give reasons on request for their refusals to grant work permits or visas. The Minister will be able to direct a review of these decisions.

SIPTU's Midlands and South-East Regional Secretary, Mr Mike Jennings, said he was pleased that it would in future be an offence for employers to hire undocumented migrants, an anomaly which the union had sought to have removed.

However, he said he would have been more pleased had the Tánaiste announced the establishment of an Immigrant Workers' Rights Unit within the Labour Relations Commission, which the union has called for.

Mr Brendan McGinty from the Irish Business and Employers Confederation (IBEC) said employers welcomed "the main tone of the planned legislation". However, major delays in processing work permit applications should be urgently addressed, he added.