Oireachtas Joint and Select Committees

Wednesday, 9 December 2020

Joint Committee on Media, Tourism, Arts, Culture, Sport and the Gaeltacht

Impact of Covid-19 on the Film and Television Industry: Discussion

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I thank the Chairman.

In January 2018, a group of film workers who had worked for a long time within the industry came into the committee and said that there was a very significant problem with section 481 as it amounted to, in various years, €80 million a year plus grants or loans from Screen Ireland of €20 million a year, which over ten years is equal to approximately €1 billion. They pointed out, as people who had been working over that ten-year period or longer, that they had absolutely no rights whatsoever as employees and were in a completely precarious position, despite the fact that they worked for production companies that received moneys through section 481 and loans over a ten or 15-year period. Many of those people, since they came in here, have not worked again in the film industry and say that they have been blacklisted out of it. They have taken cases recently to the Labour Court and the Workplace Relations Commission, WRC, in respect of, among other things, breaches of collective agreements with Screen Producers Ireland, SPI, members. In one case at least, the Labour Court has found in their favour against a SPI member, which is one of the biggest recipients of funds under section 481.

The other key point is that section 481 specifically requires that the recipient, which is the producer company - I have the declaration here that is required and the Designated Activity Company, DAC is mentioned - and the DAC have to comply with all employment law as a condition of section 481 eligibility and have to "be responsible for compliance with all statutory requirements of an employer and without prejudice to the generality of the foregoing shall be solely responsible in law for the employment, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of the production of [insert film name]". That is very clear.

I want to understand why the chief executive officer of Screen Producers Ireland then went to the Labour Court this year and said there was no possible relationship between workers who had worked on section 481 film productions and the producer company. I can quote them for the witnesses if they wish. In other words, these are film productions that are getting money specifically on a legal requirement that they are responsible for the employment of people. Those same recipients - and I will not mention names but two of the biggest production companies in two cases that have happened this year - went to the Labour Court or the Workplace Relations Commission and said they had no employment relationship whatsoever with these individuals, even though in their statements they acknowledge those individuals have worked on successive productions for which they got section 481 relief. I find that shocking and extraordinary. I am a huge fan of film and I want to see more money going into the film industry but I find it unbelievable this is going on. I want an explanation.

I would like to know from Screen Producers Ireland, SPI-----

Comments

No comments

Log in or join to post a public comment.