Oireachtas Joint and Select Committees

Wednesday, 10 May 2023

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Engagement with the Department of Enterprise, Trade and Employment

Photo of Mick BarryMick Barry (Cork North Central, Solidarity) | Oireachtas source

I have questions under a number of headings. I will ask them together and the Minister might reply to them together.

I begin with European works councils. Ireland has a significant number, but the Commission has found our legislation, especially with respect to disputes, does not live up to the EU directive. Will the Government commit to ensuring our legislation meets EU standards and in particular that it allows disputes to be taken by European works councils? The recent Verizon case highlighted many issue with legislation here. One conclusion from the WRC was there should be a code of practice in place on European works councils. Will the Government commit to introducing such a code of conduct? They exist in many other European countries.

I move to directly-employed fishers. They are the only private sector workers who do not have the right to go to the WRC or the Labour Court on the issue of excessive hours or insufficient breaks and rest. In April 2019 an agreement was made with one of the Minister's predecessors by the International Transport Workers Federation, which was representing these workers. That was more than four years ago.

That this would be addressed would require a simple amendment to the Workplace Relations Act to give jurisdiction to the Workplace Relations Commission, WRC, and the Labour Court. The reply to a parliamentary question I submitted and which was replied to by one of the Minister's predecessors, stated that this would be dealt with in the legislative programme of spring 2022. There is still no progress so what will the Minister say about that?

I raise the question of the 1,000 Indian nurses who were brought to this country with two-year work permits at the start of this year who are working in private nursing homes. The arrangement stipulated they be paid a basic wage of €27,000 and the vast bulk of them received that and not a penny more. They do difficult, stressful, mentally draining and vital work in our health services yet they cannot unify with their families. They are separated from their kids and their partners because one of the conditions for their child or partner to come to Ireland and stay even to be considered is that there be an annual income of €30,000. That is €3,000 more than what most of these workers are paid. I think it is unjust and I would like the Minister to comment on that and indicate what steps he might intend to take. These workers are also required to do a Quality and Qualifications Ireland, QQI ,level 5 after their two years. That can cost up to €1,700 each. They have qualifications from India that go way beyond QQI level 5. They are nurses. Why is the State forcing them to take that qualification and to pay for it from their own pockets? I would like a comment on that.

Finally, I have a question regarding the redundancy legislation the Minister recently brought to Cabinet. When I hear about redundancy legislation I ask myself whether it passes the Duffy Cahill test. Would it have been of major beneficial significance to say the Clery's workers? I ask myself whether it passes the Debenhams test. The Debenhams workers said that collective agreements with employers should have the legal status of a debt in a liquidation situation, that in a liquidation situation workers should be first in the queue. It seems to me that the legislation falls far short of the Debenhams test, and short of the Duffy Cahill test as well and I would like the Minister to comment on that.

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