Marie Sherlock (Labour) | Oireachtas source

I have a number of brief comments to make. I hugely welcome the giving of the legal effect of the sectoral employment order. It is a real vindication of the processes of the Labour Court. In particular, I want to pay tribute to the perseverance of Connect Trade Union in ensuring that this SEO was considered by the Labour Court, as well as that the Labour Court has now made its decision.

From reading the submissions and the Labour Court report, there is evidently a serious dispute at the heart of it all about who is substantially representative of workers in electrical contracting. That raises serious questions about the enforcement of the SEO, as well as the responsibility of the State, the Government and the WRC to ensure that this SEO is implemented and enforced. While I appreciate that there might have been a slight defensiveness on the part of the Minister of State earlier to the effect that laws are in place, it is important that we do not overestimate the effect of anti-discrimination clauses within our legislation. Ultimately, it is only when we have people working with those who are victimised, when we have trade unions representing those who are put into vulnerable situations, that we will see the effect of those anti-victimisation clauses.

Normally, I might be a bit disgruntled to be coming at the end of a conversation. However, I note what Deputy Shanahan highlighted with regards to subcontracting, as well as the comment earlier by Ms Coogan with regards to the information campaign that needs to take place with regard to bogus self-employment. There are two issues here, bogus self-employment and subcontracting. Both have been distinct and indeed related features within the wider construction sector for many years. There are particular issues associated with both. The enormous growth of subcontracting has had all sorts of implications for the taking on of apprentices, for the payment by the main contractors to subcontractors and a whole raft of other issues.

With regards to bogus self-employment, it is important that the Government, employers and trade unions are brought into the room to discuss how we combat this. This should not just be about trade unions talking about it, or indeed the Government talking about it but should be about employers as well. In this particular instance, it should include employers in electrical contracting. There is a responsibility on the part of employers to say that this is not acceptable.

I believe that employers have to a certain extent have been let off the hook over a number of years. The Government could do a lot more. Trade unions have been talking about the costs associated with bogus self-employment. A message should go out that employers need to be brought into the room as to how we finally stamp this out. Bogus self-employment is not good for employers, it is not good for workers and it is not good for the State either, considering taxes lost.

I want to say that I very much welcome this SEO, but really, we will need to focus on enforcement now. In particular, this is because of the issues with trying to bring this SEO to the Labour Court, with getting the Labour Court to make its decision and with the disputes along the way. Enforcement is vital.