Billy Kelleher (Cork North Central, Fianna Fail)

However, Ireland considers that the proposal for consideration, as currently drafted, is somewhat unbalanced. We have concerns about exemptions, or derogations, which would be to the benefit or advantage of some member states and not others. The European Foundation's recent report on EU temporary agency working confirms that, in those member states where equal pay legislation is complemented by collective agreements, deviation from the equal pay clause in legislation may be permitted. In this regard, Ireland has, with other member states, indicated that if permanent derogations through collective agreements are to be allowed, then other means providing for derogations should also be allowed in those member states without legally enforceable collective agreements.

In particular, Ireland considers that the proposed six-week maximum derogation from equal treatment provided for in the draft directive in respect of short duration temporary agency assignments is too short. This is particularly so in comparison to the derogation available to those member states with collective agreements which can and do deviate from equal treatment in pay levels and in the areas of wider working and employment conditions. Deputy Penrose referred to many countries that have collective agreements which deviate from pay parity. This should be borne in mind.

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