Mr. Gerry Light:

That is great. I thank the Chairman and members for the opportunity to make this presentation. Mandate trade union represents approximately 30,000 members in the retail and bar trades. Traditionally, our union has had a presence in the licensed trade, representing workers in both the bar and catering areas of the sector. We welcome the opportunity to present our position on behalf of our members in respect of the reform of Ireland's licensing laws. We believe we are an important representative voice in shaping the final legislation.

It is estimated that up to 50,000 workers are employed in the licensed trade sector. However, since the onset of the Covid pandemic, there has been a significant exodus of workers from the sector, with high labour shortages now being experienced. The introduction of new legislation governing the operation of the sector must allow for constructive and positive realignment of the sector and the jobs within it. If the opposite transpires, it would be counterproductive from the perspective of workers. Traditionally, working in a bar carried with it good and secure terms and conditions of employment, with an established apprenticeship structure. Bar work was, in many ways, a career of choice. Therefore, any proposed drafting and application of new legislation must ensure this element of the sector and the legitimate aspirations of the workforce within it are restored and sustained into the future.

Bar work, by its very nature, falls into the category of high-risk occupations, particularly from a health and safety perspective, with workers already exposed to long working hours and having to deal with unnecessary levels of aggression, violence and intimidation from some customers under the influence of alcohol. A good example of progressive legislation was that relating to the introduction of the smoking ban, which Mandate proudly fought for and won on behalf of its members. The proposed legislation under consideration must adopt the same level of awareness and priority when it comes to the well-being of workers in the licensed trade sector.

Some of the recommendations outlined in our presentation mirror those contained in the recent report compiled by the Joint Committee on Tourism, Culture, Arts, Sport and Media, which focused on working conditions and skills shortages in Ireland's tourism and hospitality sector. We have included a link to that report in our submission. I will now outline our specific recommendations. First, given the importance of the licensed trade sector to society, a special forum should be established to oversee the operation of the sector, similar to the one that operates under the Department of Enterprise, Trade and Employment in respect of the retail sector.

Ownership in the licensed trade sector has been much fragmented over the years, resulting in a weakening of the centrally and collectively bargained terms and conditions previously enjoyed by bar workers.

We must ensure that any extension to opening hours does not exacerbate this situation further. Therefore, a solution must be found to the legal obstacles created which deny workers the right to have their terms and conditions established through sectoral collective bargaining. A specific provision should be established for the revocation of a licence, temporary or permanent, if breaches to employment law occur. Workers, or their chosen representatives, should be included in the groups objecting to the issuing of a renewal of a licence based on proven disregard for entitlements contained in workers’ rights legislation.

We are also calling for a beefing-up of the capacity of the Workplace Relations Commission to ensure it can carry out adequate inspections in the workplace.

Any new legislation should facilitate the active involvement of the Department of Further and Higher Education, Research, Innovation and Science in the delivery of apprenticeship, traineeship and third level and degree programmes in jobs directly linked to the sector.

There should be the introduction of a mandatory provision of premium pay for hours worked beyond 11.30 p.m and the legislation should ensure all licenceholders have sufficient staff trained in health and safety, and technique skills to de-escalate potential disputes.

Stronger penalties must exist for employers who breach the Organisation of Working Time Act on breaks, specifically, and those who do not pay staff for cleaning up time at the end of a shift. Also, workers must be allocated appropriate breaks during and between shifts. There should be provision of transport for workers expected to work unsocial hours or financial compensation for this or both.

Specific legislation should be introduced to deal with the threatening or abuse of workers, including the sexual assault of workers in the licensed trade. This legislation will make it a statutory offence for assaulting, threatening, abusing, obstructing or hindering workers. A statutory aggravation to that offence should be created where the worker is enforcing a statutory age restriction. Such legislation should ensure all employers provide access to counselling where and when required. Bar workers among all occupations, have a fixed €93 allowance for the maintenance of their uniform and that should be increased.

Licenceholders should be required to provide five days' paid release for elected trade union, and health and safety representatives. It is well recognised also that alcohol consumption creates many societal and health care issues for individuals and the public. We are requesting the ring-fencing of a portion of excise duties for sports and culture, in addition to tackling addiction and mental health issues.

Finally, we support calls for the reform of the extinguishment requirement, with the provision that all new licences are permitted based on respect for the international human right for workers to be represented by a trade union of their choice for individual and collective issues. I thank the Chair and the committee for their forbearance.