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Dublin: 12 °C Wednesday 19 June, 2013

Forced labour ‘alive and well in Ireland’

Senator Jillian Van Turnhout is calling on the Government to legislate against forced labour, saying that 160 cases have been documented in Ireland since 2006.

Muhammad Younis
Muhammad Younis
Image: Sam Boal/Photocall Ireland

FORCED LABOUR IS alive and well in Ireland, Senator Jillian Van Turnhout has said, while calling on the Government to legislate against it.

Speaking to the Seanad on the issue recently, she said that the example of the exploitation of Muhammad Younis clearly showed that forced labour is alive and well in this country.

There have been 179 cases of forced labour in Ireland over the last six years, and this number is rising, according to the Migrant Rights Centre.

But she noted that “our laws, albeit unintentionally, protect the perpetrators”. Senator Van Turnhout noted that in law, the High Court was correct to overturn the Labour Court’s determination to award over €90,000 to Mr Younis, who had to work 77 hours a week, as set out in Section 2 of the Employment Permits Act 2003, as he did not have a valid and legal work permit and “as such cannot benefit from relief in respect of an employment contract”.

Senator Van Turnhout described this as “correct in law” but “not just and right”. She said that a Bill put forward by Senator Fergal Quinn would plug this legislative gap.

Exploited workers

The Senator said that at present the Migrant Rights Centre Ireland has 30 cases of exploited workers in precarious situations with work permits at various stages before the Labour Relations Commission.

The Senator has called on Minister Shatter to either legislate against forced labour as a stand-alone offence, or amend the Criminal Law (Human Trafficking) Act 2008 to define force labour.

I do not believe the current legislative protections, afforded through ordinary criminal offences such as false imprisonment, blackmail, assault, coercion, or indeed through Immigration or Health and Safety Law, are appropriate or sufficient given the profile of the victims and the likelihood that they will have neither the knowledge of nor the confidence to evoke these protections.

She said that a stand-alone law or a clearly defined provision on forced labour in existing legislation “would give victims confidence and act as a deterrent to their exploiters, which is increasingly necessary with anecdotal evidence suggesting that the recession is leading to greater recourse to very cheap/free labour by unscrupulous employers”.

She also called for Minister Shatter to publish the International Labour Organisation’s report on criminalising forced labour in Ireland and publish the Department of Justice and Equality report on whether or not the Criminal Law (Human Traffickign) Act 20088 is sufficient to criminalise forced labour.

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Comments (20 Comments)

  • I know what I’m about to say will have people calling me a racist and all the usual but I hope these new laws their trying to bring in protect Irish workers as well. In my last job the shortest week I worked was 64hrs and that was if I had a weekend of. The usual was 86hrs a week. In the last year I worked for them I had a total of 49 days when I wasn’t working. That may sound like a lot but they weren’t holidays, those were the total of my weekends. Most people get all their weekends plus their twenty odd days holiday. Only for I put my foot down they would’ve given me 2 days at christmas. Now I know there will be people thinking sarcastically poor you and all the rest but anytime we voiced our opinions to management, we were quickly reminded that there’s a line of men waiting to do your work. European guidelines say that 48 is maximum hours a week someone should work, there lies the problem. It’s only a guideline NOT law. It ended up I had to quit for health reasons and have been unemployed ever since. There are Irish people all over the country who’s hands are tied when it comes to situations like this because employers know now that a job is essential to them. Another thing is employers seem to give work to foreigners so they can exploit them. I applied for a job in a shop(a national brand) close by and was turned back, a week later my south Korean house mate applied in the same place and got it. She showed me her pay slip one time and I could see the huge discrepancies in it. All I could do is tell her to go to citizens advice.

    Reply
    • Gavin what they did to you was illegal and you should report them as there are already laws that protect you. Check out the Organisation and Working Time Act 1997 for one, it states that you cannot be made to work more than 48 hours per week on average. (usually judged over a span of 4 months)

      Reply
    • JayK 04/12/12 #

      Where were you expected to work 86 hours a week? What was the company?

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    • Gavin
      You’re not racist
      Scandalous story. Slavery

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    • @Jayf, I was a fitter for Irish mechanical engineering company(I’m not gonna name them), that built and installed waste recycling machines. They had very little work in ireland by the time I left so most of the work was in England. We would be sent over for usually no less than 2 weeks at a time with no day off. After that we’d come home on the Friday night, might be told to be up for work on the Saturday(could be anywhere in Ireland),day of on Sunday then leave the house at 3:45 Monday morning for England again.Lads would be expected to leave once the job they were doing was finished even if it meant putting in a 24hr shift. One of the lads was sent over to do a job that he was told would only take 4 days, he didn’t get home for 3 months! I was lucky in the fact I had no family or mortgage but all the rest of the lads do and every one of them feels the same way. What they were doing wasn’t technically illegal because we didn’t stand up to them. If we did(as one) then we would’ve had a legal footing but some people weren’t prepared to upset the applecart because to much depended on the job.

      Reply
    • John F 04/12/12 #

      I hear you’re a racist now Gavan?

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    • Gavin ,thanks for sharing .I wonder if I read your post in a hurry but are you getting less than 8.65 working way more than 48 hours a week ? Which seemed to be the case with Muhamad and many others like him.I just have to point out that what is considered modern day slavery is being worked way over the hours you have mentioned for way less than 8.65 which is the minimum hourly wage.If that is the case with you too, you certainly need to talk to your employer about it or bring it to the attention of the labour authorities.Also this proposed law is not going to be for migrants only ,it will include them to make sure exploitation does not happen since at the moment it is not a crime in Ireland to enslave someone.

      Reply
  • Gavin. I’m in a similar club. They know we fear unemployment and love to remind us that there are plenty out there to replace us.

    managed out is not illegal

    Reply
  • M O Sé 04/12/12 #

    Its time the Guards and Revenue began raiding restaurants, Its clear to anyone with a brain whats going on.

    Shatter needs to man up.

    Reply
  • Disgraceful that Ireland – which has signed Human Rights accords left, right & centre – has laws which protects slave drivers.

    Migrant Rights Centre Ireland has 30 cases of exploited workers in precarious situations. Only the tip of the iceberg.

    Reply
  • This kind of issue should have absolute priority. There is a clear issue, and one that again gives weight to the backward stereotype of Ireland, that should be stamped out immediately. Why is there no action here?

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  • I work for the public sector,get every fourth weekend off,finished on Sat morning,and over one seven day period my shift changes from early to evening,nights and back to evenings,and the government want to reduce my shift allowance.I walk away with roughly 400 euros a month after paying my dues,this is before I try to pay for gas and power,is that slavery?Its disgraceful,but they are going to punish me this week again,and why?Because its better than taking from their own.

    Reply
  • Same approach to migrant workers in the UK with Confederation of British Industry have lobbied the various UK governments to curb wages and increase non EU foreign workers as a way to curb wages while increasing profits of it’s members. Irish tax payers pays for business lobby groups like ibec isme or sfa won’t be too pushed or golden circle of politicians like FG or FF/Lab won’t investigate as it damages the money these parties receive from these lobby groups.

    Reply
  • If ANY worker is working over 48 hours a week for less than 8.65 an hour like Muhamad and many others like him did ,that is certainly modern day slavery.He worked for between 53 c – 2.50 an hour for a 60-70 hour week .Laws can not just be made for migrants and we are not expecting them to be ,they just have to INCLUDE everyone living and working in Ireland whether they are Irish (rich or poor ,working class or middle class) ,Irish travellers ,migrants ,Roma people just to name a few.

    Reply

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