| Mec Vannin regard a work
permit system as a mere supplement to a citizenship framework. In the absence
of such a citizenship framework, the work permit legislation forms (in
theory) a crude form of immigration control. It is stressed that this situation
is purely theoretical since, as is admitted by the Department of Industry
itself, of nearly 13,000 work permits issued in the past two years, a mere
57 have been revoked. It is also readily admitted that the overwhelming
majority of work permit applications are made upon the presumption that
they will be granted. Indeed, the refusal of a work permit seems to provoke
self-righteous indignation in some quarters.
It has long been held by both Mec Vannin
and a large number of others in the Island that the work permit system
is nothing more than an administrative sop to be ignored or over-ridden
for the greater part or, on just a few occassions, used as a punitive measure
against individuals or businesses who have incurred the disfavour of someone
in government. Coupled with the well known device of tailoring a job application
to suit a particular applicant, the system is totally lacking in any credibility
and is indeed in need of substantial overhaul. This is where Mec Vannin
and the Department under Mr. Downie are, and are likely to remain, diametrically
opposed.
The economy of the Isle of Man has been
"boom-bust" for as long as there has been work permit legislation and so
its presence can be seen to be singularly ineffective in stabilising the
economy or employment situation. When there is a boom, work permit criteria
are relaxed. This is the very time that the economic upper hand is available
to force businesses to train and recognise through promotion and wages
the indigenous workforce. It is also the time that population increase
must be discouraged in order to prevent artificially high unemployment
figures in the inevitable bust that follows.
Conversely, in times of economic down-turn
when natural emigration and disinsentive to imigration renders the work
permit system virtually defunct, it s applied more rigorously. This is
essentially because time allows it and traditionally, in a most immature
piece of reasoning,, the government believe that unemployment figures can
be driven down by denying permits to those who were welcomed with open
arms a couple of years earlier. The real result is that unemployed Manx
workers are frequently driven into jobs beneath their real worth (or risk
losing benefit) whilst those requiring a permit may continue to receive
state support as long as a permit is denied them.
The consultative document demonstrates
the intention of the Department of Industry under Mr. Downie to facilitate
the short term and self serving interests of business (and frequently non-Manx
business at that) to the detriment of the Manx work-force by formalising
what has been the fundamental failiure of the work-permit system for decades.
It must also be stressed that the work permit system and its failures are
merely one aspect of an ongoing failiure of governments in the Isle of
Man to actually represent and provide a future for the Manx people. To
look at work-permit regulation in isolation rather than as part of a cohesive
policy of economic and social management is virtually meaningless: Of course
there will be a demand to import people with skills as long as there is
no requirement to train. Of course talent will leave as long as both educational
and employment opportunities are not available on our own doorstep. Of
course there will be a shortage of workers overall as long as the economy
is allowed to run out of control as it is now. The list could go on and
on.
Bearing in mind that this matter cannot
and must not be viewed in isolation, Mec Vannin submits the following viewpoint
and policies for work permit regulation.
I - Application Principles
Work permits should only ever be regarded
as a temporary measure. A work permit should only ever be issued for a
fixed term to complete a specific job or to train a Manx worker to the
required standard. The issue and re-issue of work permits on an open ended
basis until one is no longer required is a farce. The only other circumstance
under which work permits should be issued is to those who are undergoing
a probationary period with a view to taking up permanent residence in the
Island. Such people would have to already have to have met other criteria.
Re-issues of work permits should only occur when exceptional circumstances
can be demonstrated.
In light of the above, automatic grant
of "Isle of Man Worker" status to those who have ghad a permit for 5 years
must cease.
It must be made clear in any and all job
adverts carried off-Island that work permit legislation is in force.
All work-permit applications and approvals
should be available for public inspection.
All job vacancies should be advertised
on the Island BEFORE any off-Island advertising is embarked upon.
The criteria for advertising jobs to the
Manx workforce before entertaining off-Island advertising must be made
clear. At the moment, it is difficult to get the same answer twice as to
what level of advertising and where is required in the Isle of Man to satisfy
work permit legislation.
Manx job applicants must be informed of
any non-Manx applicants and any unsuccessful applicant must be informed
if the job goes to a non-Manx applicant.
All applications must contain a declaration
regarding any criminal past and an authorisation to be positively vetted.
Applications from jurisdictions that do not cooperate should not be considered.
Declarations regarding any long-term health
problems and / or habituations should be included. Again, an authorisation
to confirm from current medical records must be included.
Whereas the current 3 day exemption for
sporadic work is reasonable, this exemption must not apply if the visits
form part of a regular capacity within the Island e.g. a person who regularly
visits the Island for two days each month should require a permit.
There must be no exempt occupations.
Self-employed applicants must demonstrate
that the issue of a permit would not be detrimental to a Manx worker.
All applicants must be able to provide
references.
II - Reasons for Refusal
Failiure to meet any of the above criteria
must result in a refusal.
False declarations must result in an automatic
disbar with a potential for legal action.
If positive vetting reveals a problem in
keeping with clearly laid out criteria, the permit must not be issued.
If a capable Manx worker is available,
then a permit must not be issued.
If a Manx worker can be trained within
a reasonable period of time, the permit must not be issued.
Any previous contravention of the regulations
should act as an obstacle.
No permits should be issued to any business
that has suffered redundancies within the previous 12 months.
No permits should be issued to any business
that has announced redundancies.
III - The Function and
Powers of the Work Permit Committee.
The primary function of the work permit
committee must be to determine firstly if a a permit is justifiable and
secondly if the applicant is suitable.
In this aspect, the above guidelines must
be followed. Although the above is a "bare bones" set of principles, the
fleshed out legislation must leave the least possible room for subjective
decision making on the part of the committee.
To establish a genuine need, the committee
must be sufficiently resourced to consult and acquire independent advice
as to the skills, qualifications and experience needed to perform a particular
function. The applicants must demonstrate that there is not a reasonable
opportunity to train, adapt or promote a Manx worker to a given position.
Similarly, the committee must be sufficiently
resourced to properly investigate the declarations and backgrounds of the
individuals seeking work-permits.
IV - Enforcement
Past experience demonstrates that both
work permit applications and subsequent enforcement have been subject to
substantial political interference that have left the Manx workforce with
no confidence in a system that was already regarded as little more than
cosmetic. To have any meaning, the legislation must be seen to be effective
in both the administration of work permits and the detection and punishment
of offenders.
The posturing of the Moon family, then
owners of the Castle Mona Hotel, secured an improperly issued permit for
a member of there family. People and businesses who use this tactic do
not benefit the Island and its people and should be given every assistance
to leave.
The failiure of the Attorney General to
prosecute a single instance of the massive abuse uncovered by inspectors
at the Ballamona hospital site should itself be subject to a thorough public
inquiry since, at the current time, there can be little conclusion drawn
other thatn the Attorney General was acting under orders from a political
entity.
To ensure the proper enforcement of work
permit legislation, NI and tax records should cross reference to work permit
status.
If more inspectors are required to carry
out work-place investigations, then these must be made available. Further
investigation of the function of the DoTI as administrator and policer
of the legislation is also required as there is a strong perception that
policing is, like the work permit administration, subject to political
interference.
V - Specific comments
on the Department's proposals.
As has been previously stated by Mec Vannin,
the proposals represent a betrayal of the Manx people. This is a shining
example of a politician elected by the people to represent their interests,
acting as a poodle for business interests whose primary objective is short
term monetary gain.
Where a capable Manx worker is available
for a position, the only question that should ever arise is if there is
a better Manx worker available. Any other course is against the best interests
of the Manx people.
The notion that the interests of business
automatically serve the interests of the Manx people is totally fallacious.
Businesses exist to maximise profit for their owners and share-holders.
In the area of employment, this means means maximum exploitation for minimum
regulation. As long as businesses are permitted to import off-the -shelf
candidates in lieu of providing proper training and long-term commitment
to our people, the Manx workers will be forever condemened to be treated
as second rate and denied the opportunity to fulfil their true potential.
The alternative is emigration, a course which many are continuing to follow.
The only aspect of the proposed changes
for which we can find support is the proposal to hold hearings in public
and, typically, this support is tainted by the fact that the proposal is
to satisfy external convention rather than any inherent desire to see just
administration. The proposal is further sullied by the proposal to give
the Tribunal unilateral power to go into private, carte blanche for abuse
if ever there was.
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