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BERMUDA | RSS PODCAST

PLP concern at ‘systemic abuse’ of job ads

Sylvan Richards

Junior Home Affairs Minister Sylvan Richards hailed Government’s progress on immigration during the Budget debates, despite questions and challenges from the Opposition.

Delivering the Budget brief, Mr Richards noted the introduction of a new work term policy, which requires that employers advertise openings on the jobs board for eight consecutive days in addition to the newspaper.

The policy also requires companies to list any Bermudians who apply for a position and why suitable candidates were rejected.

Mr Richards also highlighted the implementation of the Bermuda Immigration and Protection (No 2) Act, which introduces fines for employers and employees who breach work permit rules.

“The compliance section has conducted two investigations to date for work permit infractions,” he said. “The files were presented to the Chief Immigration Officer in December 2014 and it is likely that penalties of $5,000 for first offences will be levied to the employers and employees who have breached the Act.

“Formal notices and warning notices have already been issued by the Chief Immigration Officer to the parties concerned.”

The Junior Minister noted increases in the number of work permit applications being processed year on year, noting that 4,934 standard one to five-year and ten-year work permit applications were processed in 2014, compared with 4,207 the previous year. Meanwhile, there were 4,362 temporary and periodic work permits processed in 2014, compared with 3,318 in 2013.

Also rising was the number of applications for Bermudian status, which quadrupled between 2013 and 2014, largely because of a Supreme Court ruling which allows some PRC holders to seek status.

“Immigration records show that there are approximately 1,455 persons that would fall into this category,” he said.

“The individuals that will be affected by this judgment will have been in Bermuda for at least 25 years, indicating that they have strong roots and a love for their adopted home.

“There are also very strong arguments being made in respect of human and political rights for such persons being given the opportunity to obtain Bermudian status.

“The potential applicants come from across the social and economic divide and are from a number of different countries. Their presence has made a substantial contribution to the community and should be welcomed. After all, every Bermudian ultimately came here from somewhere else, including some of our well respected and notable leaders of Bermuda. Those who ultimately decide to apply and receive Bermuda status should be welcomed.”

While Mr Richards could not say how many children and spouses could also potentially apply for status, he said Government estimates that the total number of people who could potentially gain status through the judgement would be “well under 2,000”.

Shadow Home Affairs Minister Walton Brown criticised the Government brief as “juvenile and tedious”, noting that only 20 minutes of the four hours allotted for the subject had been left for debate.

“The Government decided to take up three hours and 40 minutes, showing contempt for the people,” Mr Brown said. “We cannot have a debate in 20 minutes.”

Mr Brown raised several questions about immigration, including what if anything Government is doing to combat the “apparent systemic abuse” of domestic workers and employers who issue misleading employment advertisements to discourage Bermudian applicants. He also challenged existing compliance policies, asking why a struggling business in tax arrears was unable to get a work permit while a company caught breaching work permit policies could pay a fine and continue business.

The Shadow Minister further challenged the Job Makers Act, calling it ill-conceived with a “fundamentally biased structure” benefiting white males, and said the business work permit system loaned itself to potential abuse.

Mr Brown also raised the topic of “fronting”, asking if the minister was aware of files completed just before the 2012 general election in advance of potential prosecutions.

“If you have the people involved in fronting and have since sought or applied for status, that would speak to their character,” he said.

Mr Richards said Mr Brown raised “interesting and decent” questions, and that he would be happy to collaborate with him and the minister.

But he disagreed that the end of term limits had not had an impact, saying it had helped to stem the flow of jobs out of the Island.