Micheál Martin (Cork South Central, Fianna Fail)

Ireland already has a comprehensive body of employment rights legislation which has among its objectives the protection of employees against arbitrary behaviour by employers. It also has wider aims such as provision for the safety and health of workers and the fostering of labour market harmony by promoting policies that minimise conflict and maximise fairness.

Specific areas covered by legislation include working time, payment of wages, holidays, national minimum wage, unfair dismissal, redundancy payments, protection of young persons and transfer of undertakings. In general, Irish legislation mirrors the broader EU social protection framework in this area.

Usually, one would expect the composition of a workforce to reflect the broad population of the local catchment area, provided appropriate personnel are available for the specific vacancies arising. However, it should be borne in mind that as far as Ireland is concerned, there is now an EU labour market and nationals of other member states have the same right and freedom to come and work in Ireland as do Irish nationals. Accordingly, employers can choose to hire such workers without regard to nationality. It is important that this be appreciated.

Concerns with regard to the protection of workers' jobs, pay and conditions of employment, to which the Deputy referred, raise complex legal and policy issues. New challenges are constantly posed by population movement, by the changing structure of the economy, by new work practices and by growing international economic integration. In recent years, our economy has adapted very successfully to these challenges and the continued situation of virtual full employment is evidence of this.

As Deputies know, the Government has already communicated its intention to engage fully and effectively in the process of devising policies and measures which would protect employment standards and arrest a race to the bottom in terms of employment practices. I am confident that a successful response to these issues can be found for our economy, where the exceptional legal and other characteristics of the marine sector do not apply. They are best found within the context of a social partnership agreement which continues the stability and progressive modernisation of our labour force and employment practices in order to sustain jobs and living standards.

I view with great concern the potential social implications of the displacement of workers on established conditions in favour of those willing to do the same jobs on much poorer conditions. The Taoiseach is on record as stating that we want to see greater productivity and enhanced competitiveness based on new products and services, upskilling of staff, new work practices and technological innovation. We do not want to see people building competitive advantage based on poor wages, casualisation of labour, low health and safety standards or other poor compliance practices. Not only is it wrong, it is simply not sustainable.

While recognising the exceptional situation that has recently arisen in the maritime sector, it is important to remember that the full panoply of Irish employment law and social protection still applies to persons employed in Ireland, regardless of nationality. This body of law is, and will continue to be, enforced by my Department.

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