Labour scandal - End to ugly ‘slavery’ welcomed
Under legislation unveiled by Enterprise Minister Micheál Martin, control over work permits will be taken out of the hands of employers. Instead, overseas workers will, for the first time, hold their own permits, giving them greater mobility and freedom to change employers if they are being abused.
A fine of €50,000 or five years in prison, should help to root out the abuse of vulnerable workers. Though late in the day, these initiatives are to be welcomed.
In a landmark development, green cards will be issued to skilled workers from non-EU countries who will be free to come to Ireland without a sponsor. The minister will decide what skills are required to bolster the economy, clearing the way for highly qualified workers to come here.
Since the EU accession of 10 eastern bloc countries, around 100,000 workers have come to Ireland, an influx likely to reduce the flow of migrant workers from non-EU areas.
The legislative move follows an Irish Examiner investigation into the alleged exploitation of Turkish workers by the Gama construction group and alleged abuse of Polish workers employed by Format UMP in the tunnel project at Dublin port.
Millions of euro, deducted from the wages of Turkish workers unbeknown to them, have since been traced to a secret account at the Amsterdam-based Finansbank.
Significantly, the new Employment Permits Bill will prohibit employers from deducting recruitment costs from migrant workers, an insidious form of abuse which tied them to employers.
In a psychologically important side-effect of the legislation, the threat of being deported, a cynical device held over the head of workers who complained openly about abuse, will now be lifted.
While the new legislation is to be welcomed, it is crucial that the inspectorate policing the labour market should have adequate manpower for the task. Mr Martin’s decision to double the number of inspectors is a welcomed start.
Because the State had ignored the plight of migrant workers, they turned to the media, through the intervention of Socialist Party leader Joe Higgins.
The Government was finally forced to act when Mr Higgins alleged in the Dáil that Gama workers were being paid as little as €2 an hour.
Notwithstanding the new legislation, those workers will remain vulnerable. Arguably, more inspectors are needed to patrol the labour market. It is essential, therefore, to beef up the policing of hundreds of companies up and down the country.
One aspect of this controversy which gives rise to grave concern was the High Court decision to stop publication of a Labour Inspectorate report into allegations of wage fraud and underpayment of workers by Gama. The report failed to clear Gama and recommended further investigations. But the High Court found that while the inspectors were empowered to investigate the allegations, they had no legal power to prepare a report for public release.
This has far-reaching ramifications. It represents a serious setback for Government because it could restrict the authority of Cabinet ministers to order and publish reports into other matters of public importance.
The Government should not hesitate to challenge this ruling in the Supreme Court.






