Tony Killeen (Clare, Fianna Fail)

I hope my successor, when various items of legislation have been enacted either later this year or early next year, will have an opportunity to consolidate the various items of labour law. If he or she does not do so, it will become impossible for even the most experienced practitioner to know exactly what is involved. As a result, the effect of the legislation and the benefits that might arise on foot of it would undoubtedly be diminished to some degree.

There is a commitment in Towards 2016 to a number of items of legislation and I will outline the position in respect of them. The Work Permits Act has been in operation since 1 February. I hope the Bill before us will be enacted in the near future. A huge amount of work is ongoing in the restatement of the Unfair Dismissals Acts. I had hoped we would deal with the employment agency regulation Bill during the lifetime of this Parliament but, sadly, that will not prove to be the case. The employment law compliance Bill is important legislation and must be enacted before we commence the process of consolidation. I strongly agree with the Deputy that a consolidation of labour law is necessary.

On Castlemahon poultry, I take the point in respect of the all-Ireland economy. The logic behind moving a firm from Limerick to Antrim and treating workers as badly as the O'Kane Group treated those at Castlemahon really rankles with me. It would rankle with anyone who examines the implications, particularly in view of the fact that voluntary redundancy packages were on offer a short period before the move was announced. When one takes account of this matter and the fact that a huge proportion of the existing market in this area is to be found on the southern part of the island, it is immensely frustrating that the initial proposal — it was entirely illegal — put to us was that we should consider allocating whatever moneys that were returned to the fund at the end of the liquidation process to the workers. It is not too much to ask that the O'Kane Group should address its responsibilities in respect of this matter in a much more forthright and robust manner than has heretofore been the case. We tried to drive that message home to the company but sadly with no great success.

This matter has upset many. In a future era when there is more co-operation between North and South and among countries across the European Union, it would be very much in everyone's interests if companies were not allowed to move operations from one part of this island to another or from one region of Europe to another. The latter was the case as regards Irish Ferries and its mistreatment of certain people. Whoever represents Ireland at meetings of the EU Council of Ministers, the European Parliament and the European Commission in the future will have a responsibility to try to progress matters in this regard. If this matter is not dealt with, in the short term people in a small open economy such as Ireland could well be the first victims. However, everyone will eventually be picked off. It is, therefore, in everybody's interests that this matter is addressed.

Deputy Morgan also referred to Irish Ferries. He made a valid point in respect of section 3(1) of the Bill and the three-year trial period following enactment. The Minister of the day will be empowered to extend this provision, ideally with the agreement of the social partners. If, however, one of the social partners were to come forward with a veto in respect of something that was working well, the legislative provisions and the powers of the House would be invoked in order to ensure this could not take effect.

On section 10(3), Deputy Morgan stated the fine of €250,000 was paltry. This amount represents a huge increase on the current figure of €3,000. I am aware that Deputy Quinn is of the opinion that the fine should be levied per employee. Deputy Morgan's point regarding the fine's impact in the context of the overall costs relating to the Irish Ferries case appears to make the amount quite small. I will consider the matter prior to Committee Stage. We are increasing the fine from €3,000 to €250,000. I will keep an open mind on the subject but I am not making any guarantees in that regard.

Deputy Finian McGrath made the point that industrial action appeared to be if not quite off the agenda, then close to being so. While he expressed some reservations, everyone would agree that this is generally a positive development. I agree strongly with his disappointment regarding the relatively small level of union membership in Ireland. The added representation that individual workers would enjoy under the social partnership framework if they were members of trade unions would be a great development and the benefit this would have, in both directions, for the workplace would be extraordinary. I hope we will see some developments in this regard. To be fair to the social partners, Towards 2016 contains a major consideration in respect of the life cycle. That is a positive development.

Deputy Finian McGrath also referred to Cadburys. We have been following that matter closely and I assure him that anything that can be done will be done.

Deputy Eamon Ryan made the point that he had difficulty following some of elements of the definitions. I was conscious, in the light of the speed with which I made my initial contribution, that I was not making it any easier for people to understand what was involved. The Deputy also referred to the ILO maritime provisions and the EU ferries directive which will definitely have to be put in place if progress is to be made.

Deputy Eamon Ryan indicated that he had some concerns about social partnership gaining responsibility for legislative provision. I would sometimes be a little more pleased if legislative proposals emanated from within the country at social partnership level rather than coming from the outside in the form of EU directives. In most cases, however, the impact of such directives has been to move us to where we should be much more quickly than would be the case if we were left to our own devices. That has been a positive development.

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