Billy Kelleher (Cork North Central, Fianna Fail)

Ireland will continue to adopt a constructive approach to the European Union negotiations on the proposed EU directive on temporary agency work. While I support the objective of providing for the equal treatment of agency workers, the proposal for consideration as currently drafted is imbalanced. We have concerns about exemptions or derogations that would be to the benefit or advantage of some member states but not others. Ireland has indicated with other member states that if permanent derogations through collective agreements are to be allowed, other means providing for derogations should also be allowed in those member states without such collective agreements.

Ireland considers that the derogation from equal treatment provided for in Article 5.4 of the proposed directive in respect of short duration temporary agency assignments of a maximum of six weeks is too short. This is particularly so in comparison to the derogation available to those member states with collective agreements that can and do deviate from equal treatment in pay levels and in the areas of wider working and employment conditions under the terms of Article 5.3. In some cases, these derogations can be for six months or longer.

A longer time period than currently on offer in respect of short duration assignments — a maximum of six weeks is being proposed under Article 5.4 — would represent a more balanced approach. The short time period on offer could damage future job creation prospects and deter the use of temporary agency working, which would be to the detriment of our economy. This is particularly the case because agency work can provide in certain circumstances a useful stepping stone for some persons to enter the labour market. The opportunities available to agency workers should not be reduced as a result of any new arrangements. Overall, the longer period being sought would provide the best balance between employment creation and flexibility on the one hand with employment protection and security on the other.

Ireland will continue to adopt a constructive approach to these discussions. In principle, we support the thrust of the directive, but we are still participants in a wider negotiation on the details.

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