Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

Irish Equity was forced to sign an undertaking that the union would not negotiate fees for actors working on commercials for private companies. The result is that many have suffered serious wage cuts, while being denied trade union representation — a basic and fundamental right — on their behalf.

According to European Union competition law, which is on the statute books of all member states, companies may not work together in any way which might make them less competitive. Cartels, or groups of companies which agree to charge the same prices, are banned. The object of this legislation is to prevent price fixing and the development of monopolies. Neither Brussels nor the Irish Government ever intended it to undermine workers' trade union rights.

However, by creating the fiction that self-assessed workers are commercial companies, the Competition Authority has done just that, targeting some of the most vulnerable sectors of the workforce in the process. Other EU countries have introduced special protection for self-assessed workers but the Irish Government has not yet done so. Therefore, some Irish citizens are losing a basic right because the Government has failed to enshrine the necessary protections in our laws.

What does this mean in practical terms for workers? I will outline some examples cited by the unions. The NUJ cannot publish a fees guide for its freelance photographers and reporters. Except where named musicians are being engaged, the Musicians' Union is also prohibited from telling its members what is the "going rate" for a performance. Irish Equity is prevented from negotiating with advertising companies, even those who want to negotiate a performance rate with the union.

This is all being done in the name of efficiency and competition. However, it serves neither. The Competition Authority is wrong in its interpretation of the relevant EU directive and it actually criminalises employers and unions for collectively negotiating fees or rates for these workers. This will happen, even if the employer finds it administratively convenient to hammer out a rate with the union, and many do.

Efficiency has nothing to do with the matter. The Competition Authority's action against these workers will not improve matters for the consumer. Most competition increases the powers of the buyers, the citizen and consumer, against those of the sellers, mostly big companies. However, in the case of the misuse of competition laws against workers, the buyer is the big company and the seller is an isolated actor, musician, film technician or freelance journalist. I used this area because it is unlikely to be addressed in any greater depth during the course of these two days of debate.

It is important to make clear that EU law does not prevent the Government and the Oireachtas from taking action to solve this problem. The Government has it within its gift and should take action. It has an opportunity presented to it and it should allow the passage of this Bill and work with the Opposition on Committee Stage to ensure the passage of legislation which restores the original function of competition law and stops its misuse to exploit workers. I appeal to the Government to accept the validity of the arguments presented this evening by the Labour Party, and those of us who will support it, which were so eloquently put by the proposer of the Bill, Deputy Michael D. Higgins.

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