Michael D Higgins (Galway West, Labour)

I am pleased to have the opportunity of raising an outrageous abuse of a European directive and competition law for little less than the removal of the right to collective bargaining of some of the most vulnerable workers in the State. I am in a position to know about this for many reasons. I should state immediately that my wife is a member of Irish Equity. She has been for many years and remains so. I have the privilege of knowing many members of Irish Equity, members of the Musicians Union of Ireland and others who have been precluded from negotiating with the people to whom they sell their services as employees by way of collective bargaining.

The issue is simply this. The members involved — artists, musicians, singers and people who work in the film industries — are often vulnerable workers because of the nature of the work of the film and music industries and of the work of those hired to make, for example, voiceovers and advertisements. I refer the Minister to the report by the Arts Council on artists' incomes to see the income of the average actor in this State.

Last year Irish Equity was forced to sign an undertaking that the union would not negotiate fees for actors working on commercials for private companies. The result of this is that these actors have suffered serious wage cuts and are denied the right to have unions make representations on their behalf or negotiate collective agreements. The issue facing the Minister is as follows. How can an EU directive on competition be implemented in such a way that it undermines a right that Irish workers have had since 1901? I was a Minister in this area.

Many of these people are humiliated when dealing with social welfare in that when they state their occupation, the question asked is whether they are really looking for work when work is available in hotels and restaurants, even though they are actors, writers, etc. The position has not improved. Many face retirement without pensions.

The Competition Authority, which has had great successes against vulnerable and easy targets like the credit union movement and pet food for chihuahuas, regards each individual artist as a company selling his or her services. This is outrageous and must be redressed. We need a restatement of the 1990 representation Act, which redefined the rights of workers in the categories to which I refer, so that they might be properly represented. We also need to face down the Competition Authority's abuse of a reasonable principle of competition.

What does it mean practically? The National Union of Journalists cannot publish a fees guide for its freelance photographers and reporters. Except where named musicians are being engaged, the musicians' union is prohibited from telling its members what is the going rate for a performance. Irish Equity is prevented from negotiating with advertising companies, even those which want to negotiate a performance rate for the union.

Who has asked for this? Many of the people who organise concerts and events are perfectly happy to negotiate a going rate because it is more transparent and efficient. In addition, I listened to the Minister for Enterprise, Trade and Employment, Deputy Martin, on the previous matter on Private Members' business. How can this bring a benefit to the consumer when those areas, some of them heavily monopolised, are precisely those which whipped the benefits, which they had effectively taken off the most vulnerable part-time workers, into their own pockets? It is yet another outrageous extension driven ideologically against the weakest part of the labour force. Will the Minister take such action as is necessary, either under the 1990 Act or with the Competition Authority, to stop it before it spreads further? I dealt with these workers and I am aware of the efficiency and transparency of film agreements with trade unions.

The Minister spoke about the relationship between the Competition Authority and other bodies, including, for example, the Broadcasting Commission of Ireland. How can the arrangement be reasonable? The Minister has signed up to and accepted an international obligation on the fundamental freedoms and rights of workers, and the right to be represented collectively. More accurately, the Irish people have done so through the International Labour Organisation. How can an ideological shaft at the weakest workers, to whom we have never given proper recognition through social welfare, pensions or income, be permitted? Each individual actor, musician, writer and photographer is defined as a business and not a worker. This is an outrageous violation of the International Labour Organisation convention. It will be subject to an Irish and European campaign to have it redressed.

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