James Breen (Clare, Independent)

The fight for workers' rights and good working conditions has been a long and arduous battle, championed by the trade union movement and strong political figures, both local and national, down through the decades. This country now attracts workers and employers on a world scale. In theory, these workers and our own labour force have had the security of our national licensing and monitoring bodies to safeguard their working conditions. However, there have been notable failures, including the case of Gama construction workers, on whose behalf my colleague, Deputy Joe Higgins, initiated the fight when no Government Deputy wanted to know about their plight. Other cases include the Irish Ferries employees and the mushroom pickers in Kilnaleck.

Domestically, we have also had the shameful work practices at the Leas Cross nursing home. No one should think there are not others whose operational levels are not up to the appropriate standards. As the nation recovers from these still deep wounds, we are asked to support the directive on services in the Internal Market, under the stewardship of Commissioner McCreevy. This will lead to the haemorrhaging of hard fought good work practices and a strong labour force.

The overriding theme of this directive is competition at the expense of quality. The case of the Leas Cross nursing home highlighted many serious flaws in our elderly care system. While the Minister, Deputy Harney, was quick to set up an inquiry, this was just after the whole country became aware of the situation through the national broadcaster. The services directive removes any monitoring or regulatory controls in the case of any elderly care service provider based in any other EU member state who decides to set up practice here. The service provider would only be subject to the regulations of their country of origin regardless of whether the regulations are good, bad or indifferent.

In the construction industry, the plight of the Gama workers could be repeated over and over, but this time with no form of redress available. On the other side of that coin, employers in this country would find it almost impossible to compete effectively here in future. The Health and Safety Authority has been ultra-critical of the lack of improvement in certain construction industry practices. Every year, instances of accidents resulting in serious injury or death are the norm. This directive would allow certain employers from states with less stringent health and safety standards to operate here without complying with any of our national authority's requirements.

For years, successive Governments have mooted improvements in the licensing and monitoring of those involved in security services. This Bill opens the door for any company providing security services, including cash transit security services in another member state, to operate here subject only to their country of origin controls. This could potentially put at risk or expose a large portion of the public.

A major by-product of this directive is the risk of marginalising or ghettoising foreign workers brought here to work in the services sector. These workers are often set up in satellite villages, similar to the Gama workforce, and, consequently, are not in a position to socially or financially integrate in a viable manner. Instead of gaining freedom of movement and improvement in living standards, this directive merely gives licence to further repress such individuals. Because of such employers' ability to undercut Irish-based industries, it puts at risk the jobs and livelihoods of Irish employers and their families where currently the service industry provides 70% of our employment.

In May of last year French voters said "No" to the EU constitution by a considerable majority. Some 70% of the electorate turned out to vote and 55% of them voted against the constitution. The no campaign used the services directive and its economic and social implications as a stick with which to hammer the yes campaign. In this Dáil term we hope to pass the Bill enabling the accession to the EU of Romania and Bulgaria. The House should protect our workers and safeguard the future of our labour force and employers not by seeking amendments to this directive but by urging its complete withdrawal.

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