Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

On behalf of the Sinn Féin Deputies, I support this Bill and urge the Government not to oppose its passage to Committee Stage. If it has defects, then let those defects be rectified on Committee Stage. However, I believe it is sound in principle. It addresses a serious problem for an increasing number of workers, namely, the draconian use of the Competition Act to restrict the right of workers to organise and the right of organisations to represent their members.

We have a farcical situation whereby direct negotiations cannot be undertaken between the HSE and bodies such as the Irish Pharmaceutical Union and the Irish Dental Association, among others. These two cases have serious consequences for the public with the threat of major disruption of medicine supply under the medical card scheme and the withdrawal of thousands of dentists from the dental treatment scheme for medical card patients.

Today, we received further news from the IPU that the indirect talks are deadlocked. Once again, I urge the Minister for Health and Children to take a direct hand in this dispute which has dragged on too long and which could be resolved with some flexibility and imagination on the part of the Minister and certainly on the part of the HSE.

The use and interpretation of the Competition Act is one of the key difficulties in the dispute between the HSE and the IPU. The Act has wider ramifications across the economy which is why amending legislation such as this is necessary. Competition law is being used to attack the rights of freelance workers, in particular, actors, musicians, film crews and freelance journalists to be collectively represented. The Competition Authority treats these mainly low-paid workers as commercial companies and uses a measure designed to prevent price-fixing to attack their rights.

When the competition legislation was going through the Oireachtas, guarantees were given that this situation would not occur and the record of the House shows this to be the case. However, the Government adamantly refuses to amend the definition of employee in the Industrial Relations Acts in order to rectify this situation. The Government is refusing to act as workers rights are being trampled upon.

For a long time, trade unions have been campaigning to have this situation addressed. The Government's failure to act is testament to its lack of commitment to the protection of workers' rights. It is evidence of the inherent conflict of interest which exists within the Department of Enterprise, Trade and Employment as a result of having incompatible responsibilities for both enterprise policy and labour affairs.

This is why Sinn Féin used our Private Members' time in the last Dáil to demand the establishment of a stand alone Department of labour affairs to decouple labour affairs from enterprise and address this conflict. This would ensure that appropriate priority and focus is given to the protection and promotion of workers' rights.

Sinn Féin employment spokesperson, Deputy Arthur Morgan, met with representatives of SIPTU, the NUJ, Irish Equity Group and the Musicians Union of Ireland to discuss the fact that competition law is being mischievously used to attack the rights of workers. Deputy Morgan later sought to secure a debate on the Adjournment on the matter. The union representatives made clear that the wages of the low-paid vulnerable workers they represent are being undermined by the dubious interpretations of competition law by the Competition Authority.

Since 1901, all Irish people have had the legal right to form trade unions and to take collective action without getting sued for breaking their contract of employment. This was a hard-won right over generations. It was vindicated by workers in successive struggles, including the great lockout of 1913. More recently, the Government signed the International Labour Organisation's declaration on fundamental principles and rights at work, a binding international treaty which commits the Irish State to respect those basic trade union rights.

However, during recent years, the Competition Authority has begun to treat self-assessed workers, including actors, musicians, film technicians and freelance journalists, as though they were private companies. More and more workers are being denied trade union representation because of what is clear to me and to most people in the country is a flawed interpretation of their status. They are not limited companies.

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