There is a legal obligation on employers to offer available jobs to Irish or EU citizens before applying for special permits to bring workers in from outside the European Economic Area.
Anecdotal evidence would suggest that some employers do not fulfil this requirement and they bypass local workers in favour of less costly and more malleable foreign operatives. Due to rising unemployment and slower growth in the Irish economy, the Department of Enterprise, Trade and Employment has decided that, from last Wednesday special work permits will no longer be issued for certain job categories.
There are sound economic and social reasons for such action. Irish unemployment has been rising rapidly since May, 2001, when it hit an all-time low of 3.7 per cent. Last March, the rate of unemployment had reached 4.5 per cent and it is expected to rise further. The number of persons signing on the Live Register increased by almost 35,000 in that 22-month period while, at the same time, employers continued to source a high proportion of their needs abroad. Last year, more than 40,000 special work permits were issued, of which 16,500 were renewals. Tensions within local communities will be exacerbated should a perception grow that such workers are taking jobs desired by local people.
Action by the Department to limit the number of work permits was first signalled by the Tánaiste, Ms Harney, last January. But details of the categories of workers affected were only published last Monday. The Irish Business and Employers' Confederation and the Chambers of Commerce of Ireland appear to be justified in their complaint about a shortage of notice. But their concerns in relation to the possible impact of the restrictions are probably unrealistic. After all, the occupational sectors listed by the Department are confined to those categories where a large number of Irish job-seekers are already registered with FÁS. And if employers cannot fill their vacancies in these areas, the matter will be reviewed in June.
In the past, some unscrupulous employers forced staff to work long hours and for less than the minimum wage. SIPTU complained that because such employees could not change jobs or renew their annual work permits with a different employer, they were particularly vulnerable to exploitation. Job shortages still exist within the economy and there is a need for special permit workers. A misunderstanding of the new regulations led the hospitality sector to believe a blanket ban had been imposed. It wasn't so. Only receptionists and bar workers are affected. In a changing economic climate, the new rules make sense.