26 February 2004 Edition

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Restrictions on EU migrant workers may be illegal

Sinn Féin Dáil spokesperson on Justice, Equality and Human Rights Aengus Ó Snodaigh, has called on the Government to reconsider its decision to restrict the access of migrant workers from EU accession states to the benefits of social protections. He was speaking after the EU Commission expressed concern that such measures may be illegal.

"The EU Commission has stated that the Government's plan may not be compatible with EU law, as it may contravene EU rules on non-discrimination on the grounds of nationality because the restrictions will only apply to citizens of new member states," Ó Snodaigh pointed out. " If so, and certainly if the Government decision violates Article 21 of the EU Charter of Fundamental Rights, it should be reversed.

"The Government's plan is unjust. It is hypocritical when you consider the standards by which it expects other countries to abide in their treatment of Irish migrants. It is a betrayal of the hopes for welcome and for equal treatment of the accession states. It goes totally against the idea of a Europe of Equals. It will sour the whole atmosphere of the May enlargement.

"It also represents a politically opportunist and irresponsible U-turn on the position they promoted when they were trying to sell Nice back to the people in the 2002 referendum re-run. At that time the Government rightly argued that we would not be swamped by migrants following enlargement, citing the experience of the 1986 accession which instead prompted a net return of migrant workers to Spain and Portugal as a result of economic improvements. Now, in a pre-election period, the Government is pandering to an accelerating unfounded xenophobic panic about so-called benefit tourism being whipped up to gain votes and sell news.

"I urge the Cabinet to come to its senses and show some proper leadership in the EU — if they are capable of this."

Sinn Féin Councillor and EU candidate for the East constituency, John Dwyer questioned how the government was willing to allow migrant workers to come to this country and work, yet refuse them access to welfare benefits. "What if these workers were to be made redundant or are between jobs? What safety net is available to those helping to boost the Irish economy?" he asked.

"Emigrant workers from the accession states should be entitled to avail of the same welfare and workers rights that exist within and between the current EU states. To deny these conditions is a fundamental breach of their human rights.

"The British Government have recently banned migrant workers from claiming benefits for two years, and now the Irish Government look set to replicate this. It seems that when the British lead, the Irish Government follow."


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