Dáil debates

Wednesday, 20 February 2008

Agency Workers: Motion (Resumed)

 

7:00 pm

Photo of Mary WhiteMary White (Carlow-Kilkenny, Green Party)

I welcome this debate as parties to the Towards 2016 commence the formal review of the agreement, which provides for opportunities to re-focus and re-prioritise the overall goals of the agreement in a much changed Irish labour landscape in which one in eight workers is a migrant. It also comes in the context of continuing efforts at European Union level to standardise the work environment to bring about parity in pay and employment conditions between agency and non-agency workers.

I will address several aspects of the amendment to the motion moved by the Minister of State, Deputy Kelleher. It is very important all sides of the House recognise the good work performed by the National Employment Rights Authority, based in my home county town of Carlow, and that the Government's promise to put it on a statutory footing is a very positive development.

In 2007 the National Employment Rights Authority conducted 14,000 inspections and took 93,000 calls regarding issues of employment rights and employer responsibilities in the area of the minimum wage and protecting young workers, particularly in the construction sector. That is an impressive workload by anyone's standards. The body also recovered €2.5 million in wage arrears for the workers in question.

This agency is working hard, having announced recently its next targeted sectoral campaign in the security industry. The Government announced in January a very extensive advertising and information campaign through all forms of the media, with which they hope to gain the attention of approximately 85% of our population so that workers can know their rights and entitlements. I have heard those advertisements, which are extremely good and informative.

Much good work has been done on improving the protection of workers, and the many social partners acknowledge that with us in the House. The employment agency regulation Bill is a little more complicated. There can be naked exploitation of migrant workers through employment agencies but the Bill looks to tie down in legislation equality for these workers, as is desired by all sides in the EU directive on temporary agency work that must provide for a level playing field for employers throughout the Union.

There is a danger in Ireland that we could go from insufficient protection of agency workers to being exposed because of derogations in the said directive for collective agreements. For those of us interested, article 5.3 outlines that very succinctly. Article 5.4 of the proposed directive is a derogation from equal treatment in respect of short-term temporary agency assignments of a maximum of six weeks. Many people feel this timespan is far too short.

As other speakers have outlined, flexibility and recognition of certain labour market realities, such as seasonal workers, particularly in the fruit and vegetable and aquaculture sector, must be recognised in any agreed directive. I am sure that will be progressed.

The employment agency regulation Bill of 2008 will modernise the regulation of the employment agency and I welcome that as a very positive move for employees. We will have a greater system of licensing for agencies, a statutory code of practice which they must follow and a monitoring committee comprised of representatives of the social partners.

I welcome other aspects of this Bill aimed at strengthening and enhancing the directive and the enforcement of employment rights of agency workers. I welcome the statutory footing of the National Employment Rights Authority and the new employment agency regulation Bill. I look forward to a carefully balanced European Union directive on agency workers' rights. It is fitting we should strive for the aspirations of the 1916 Proclamation to be fulfilled, "equal rights and equal opportunities to all citizens". In Ireland we have the opportunity to secure that as we review Towards 2016.

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