In January 2013, the Minister for Justice and Equality published the general scheme of the Criminal Law (Human Trafficking) (Amendment) Bill. The new bill includes a definition of forced labour and will provide greater protection to victims of modern day slavery. In addition employers who commit this act can now be prosecuted. The amendment will bring Irish law in line with the International Labour Organisation (ILO) Convention no.29 of 1930 on Forced or Compulsory Labour.
The Migrant Rights Centre Ireland (MRCI) has welcomed the Bill. MRCI have dealt with over 179 cases of forced labour in Ireland over the past 6 years. This growing problem is not currently addressed under Irish law. Under the proposed legislation the perpetrators of forced labour could face a maximum sentence of up to life imprisonment.
The issue of forced labour was brought to the attention of the media last year in the case of Hussein v Labour Court. Bulletin readers may recall in a previous issue that Mr Younis, an exploited migrant worker was left unprotected under Irish employment law because he did not have an employment contract.
Bulletin readers may also recall that in December 2012, the European Court of Human Rights (ECtHR) ruled that the United Kingdom was in breach of its Article 4 (prohibition of slavery and forced labour) obligations under the European Convention on Human Rights (ECHR) by failing to have specific legislation in place which criminalises domestic slavery.
Click here to read a press release from MRCI
Click here to read an article from thejournal.ie
In related news, On 21 January SIPTU (Services, Industrial, Professional and Technical Union) and the MRCI launched a film highlighting the poor working conditions of migrant workers in Ireland. The short social justice film documents the experiences of low wage migrant restaurant workers.
The film is based on research carried out by MRCI in 2012 with 120 migrant workers. The study found:
· Almost 40% do not receive annual leave
· 49% work 6 or more days per week
· 82% are not paid overtime rates
· 88% do not earn extra pay for Sunday work
· 64% are not compensated for working bank holidays
· 80% have no contract of employment with terms and conditions of work