Ms Denise Walker:

My name is Denise Walker and I am a regional organiser for GMB trade union in Ireland covering GMB members in both the North and the South. I am accompanied today by Mr. John Ward who has worked as a unit driver on a number of productions for more than 20 years, Mr. Thomas O'Meilly, who has worked as a facility driver for more than ten years and Mr. Liam Neville who has more than 20 years experience as a driver. GMB is a general union operating in the UK and Ireland with more than 700,000 members in public and private sectors and in a variety of workplaces and environments.

GMB became involved with the film industry around two years ago. Our membership is just below 300 and is mainly drawn from the construction, props and driving crews.

From the outset of our engagement with the workforce we became aware of issues of serious concern to any trade unionist. These included bullying and harassment, mistreatment of workers, breaches of health and safety and unsafe working practices, which includes the length of the working day and week. No one has a permanent contract, many have worked in the industry in excess of 20 years yet still have no provision to acquired rights or even a pension.

It became obvious that those who spoke out for their rights or the rights of their fellow workers were prejudicing their future employment and today we have representatives present who are not employed because they stood up for those entitlements. We have numerous members who should today be working on sets, who have worked on previous jobs for many years without any disciplinary action or criticism of their working ethics or performance, not working because they have raised concerns or asked for their due entitlements.

The precarious nature of the employment leaves open the path to the culture of "keep your head down, do not object and do what you are told". Your current job and future employment seems to be based solely on whether your face fits rather than your past employment record. To challenge the status quo has led GMB activists and members among others effectively to being blackballed on current productions. These members have asked for no more than respect for their limited rights, such as holiday pay, overtime pay or the correct rate for the job or they have raised genuine concerns on the treatment of workers.

Continuity of employment is an issue which can and must be resolved to secure the successful future of the industry and the rights of the crew members. The use of the special purpose vehicle, SPV subsidiary company circumvents the production company's responsibility and relationship with those employed by it. Gaps within production time should be considered as lay off periods and subject to normal legislation for continuity of employment, future employment rights or redundancy. This is an industry which receives millions of euro annually in loans and grants and very generous section 481 incentives to create quality employment, yet we see no evidence of quality employment on the ground.

Heads of department are PAYE employees and often oversee the recruitment process of their relevant department. We have seen this job given to a person who is also a contractor, supplying goods, services and manpower. This has led to under employment of regular crew, reduction in the negotiated rates for the job and what can only be deemed as a massive conflict of interest where this person is effectively awarding contracts to themselves. The subject of how and who will be employed is clearly open to abuse.

All employees and workers are committed to working at least a 55 hour week. The Organisation of Working Time Act stipulates that an employer shall not permit an employee to work, in each period of seven days, more than an average of 48 hours, that is say an average of 48 hours calculated over a period that does not exceed four months. Part 11 of the Act further stipulates the daily rest period. An employee shall be entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which he or she works for his or her employer. This legislation is in place to ensure the health, safety and wellbeing of those working. GMB do not believe that the practice of working for periods in excess of the 48 hour week is healthy or safe, particularly for those employed to drive either heavy goods vehicles or passengers or for those engaged in manual labour or in control of machinery. Drivers are regularly expected to work in excess of 12 hour days, breaching both mainstays of the legislation. The fact that productions may last less than the maximum average of four months cannot form part of the argument that it is okay and necessary to work these hours and cannot be used when productions run beyond the four month period as seen on productions such as "Vikings". It is reasonable for the average to be calculated over the duration or intended duration of the production.

While this may prove difficult in certain circumstances, the calculation of the 11-hour rest period is simple and yet often ignored. My colleagues here with me today have been employed as drivers and have first-hand experience of this on a regular basis. The production managers, transport captains and heads of departments would have clear insight into the length of the working day planned ahead and would know that they are forcing people to work beyond the safe legal limit and without adequate rest periods. Drivers raising objections and concerns are told they will not be re-employed or they will be let go if they refuse to work the hours.

In addition to the Organisation of Working Time Act, the RSA guidelines on the Road Transport Working Time Directive are also being breached. This poses a major health and safety risk, not only to the drivers and their passengers but to other road users. We accept that productions require a degree of flexibility and the need to maximise the working day, but there is no need to have one person working excessive hours when this work could effectively be split amongst more crew and lead to further job creation. This is particularly relevant in the types of crews that we represent.

The presentation includes copies of the contracts that would be issued to prospective workers which, in addition to compelling them to a 55-hour week, commit them to exclusivity, etc. Failure to agree to these terms would exclude someone from employment. It also clearly demonstrates that the person taking up that position is under the control of another person who directs him as to how, when and where the work is carried out; receives a fixed hourly, weekly or monthly wage; cannot sub-contract the work; works set hours or a given number of hours per week; and receives expenses payments to cover subsistence and-or travel expenses. All of these points are met by the individual and would clearly define him or her as an employee, yet many are operating as self-assessed or, indeed, self-employed, and this runs contrary to the Revenue guidelines.

GMB welcomes and supports employers who are investing in their workforce through proper training. We welcome the practice of introducing trainees to the workplace where those trainees are valued, have recognised training pathways and prospective employment within the company. We do not accept that the current practice of employing trainees within the film industry to simply meet the demands of the section 481 incentive is either satisfactory or appropriate. In other jurisdictions, training within the sector is highly rewarding and leads to the proper skilling of the individual, offering him or her the potential to work in the industry and hence add to the secure future of the sector. The industry currently cannot even track the progress of trainees or substantiate the type and quality of any supposed training. It appears purely a mechanism to meet the requirements of section 481 and provide a cheaper source of labour on set. We have experience of members who have been employed as trainees having had ten years or more experience within the industry in their particular field. In one example, an individual had previously worked as a qualified props master for a number of years but when a new production - for a producer the individual had worked with - started up, the individual was advised that the only job available for the individual would be at a trainee rate.

The funding has created many problems within the industry. We welcome the ongoing investment in the industry but we want to see the sector grow and prosper. We call for serious consideration to be given to the reform of how funding is made going forward. This reform must seek to eradicate abuse and waste of taxpayers' moneys. At a minimum, proper scrutiny must take place to ensure that funded projects create clearly defined quality jobs and this must be rigorously monitored.

GMB has fought an uphill battle for the past few years trying to secure proper rights and working conditions for our members in the film industry. We are committed to building and strengthening jobs in this sector but not at the expense of workers' rights. Reform is needed and worker participation is paramount to ensure that the voices of those who have helped build the reputation of strong, talented and dedicated crews in Ireland and the Irish Film industry are heard. There must be proper and ongoing dialogue with elected representatives from within the workforce - people with first-hand experience of the industry and its problems who can assist in reforming the industry for the better. It is also essential that proper worker participation is secured on the Irish Film Board to represent workers. While we have concentrated today on the many things that are wrong within the industry, we must ensure that proper recognition is paid to the many dedicated crew members who have contributed to date to make the sector a success.