John Curran (Dublin Mid West, Fianna Fail)

I welcome the opportunity to contribute to the debate. At the outset I compliment both Sinn Féin and Labour for putting down the motion. In some respects it is a pity we will have to vote on the motion as the issue is fundamentally important.

Considering what has happened in Ireland in the past decade, we have seen significant growth in the economy and virtually full employment. We have also seen a big demand for workers. That rate of growth will not be repeated over the next decade so we now stand at a crossroads. The decisions we make and implement now do not just have historical significance — we reflect the issues as they have arisen — but they will also indicate how we will manage the future.

Agency workers are not just confined to the hotel and construction sectors, as highlighted in the motion. They are employed right across the economy in areas such as accounting, information technology, pharmaceuticals, secretarial and health services. I personally know people who for one reason or another have left permanent employment to take up agency work. This may be a result of the degree of flexibility offered etc. In some particular areas, agency work has proven to be very effective and some — not all — have opted for it. There are some areas that have difficulties.

Provisional figures indicate about 2% of the workforce in Ireland are engaged in agency work. This is a significant number of people and considering there are 2 million in the workforce, it comes to approximately 40,000 people. In relative terms the figure is low but it is important agency workers are protected in the workplace by employment law.

Agency workers are entitled to decent and fair standards of employment. It should be noted that in the past ten years, employment rights have been extended to cover the protection of working conditions of temporary workers. By extension, that includes agency workers.

I appreciate that many agency workers may and do feel vulnerable in their employment. They may feel employment law does not apply to them and they may be fired and hired at will. They may feel they can be paid any rate with no regard for the minimum wage. They may be afraid to complain. We pass legislation in this House to address those fears. However, without adequate monitoring we can pass all the legislation we want and not achieve the results we desire.

In the 15-year period from 1991 to 2006, the workforce of the country doubled from approximately 1 million to 2 million people. Importantly, the dynamic of the workforce changed radically at the same time. Women returned to the workforce in greater numbers and migrant workers made up a growing percentage of it. Part-time and agency work became a growing feature of the workforce, as did subcontracting and so-called self-employed subcontractors. What did not keep pace with the radical change in the workforce was the number of labour inspectors. I am pleased that in this regard, the National Employment Rights Authority is now up and running. When it has its full complement, it will have 90 labour inspectors. Reflecting the times we are living in, ten of the inspectors will have specific foreign language skills.

From time to time we hear stories suggesting unfair or improper treatment of all workers, not just those of the agency kind. Rather than repeat these stories for a headline, any of us with such information should pass on such complaints to the National Employment Rights Authority. They should be investigated thoroughly and the appropriate sanctions taken.

Agency and part-time work is here to stay, as it is a necessary feature of the diverse work practices necessary to sustain our economy. We should not take employment creation for granted as we must work at it. In the challenging economic times we face, we should redouble our efforts in that regard. We must be conscious of the needs and requirements of employers and recognise the varying degrees of flexibility required in some sectors. While recognising the requirements we must meet our obligations and protect the rights of agency and part-time workers. I welcome the fact that the Government is committed to the early delivery of further primary legislation aimed at enhanced compliance with employment rights generally and including legislation to regulate the operation of employment agencies and the statutory code of practice for employment agencies. The previous legislation on this goes back to the early 1970s.

The Minister of State at the Department of Enterprise, Trade and Employment, Deputy Kelleher, said last night that he and the Minister, Deputy Martin, are considering the final elements of the proposals for the draft scheme of a Bill to regulate the employment agency sector. It will be presented for the Government's consideration soon. Some might argue we have waited too long for this.

I am glad that the Minister of State, Deputy Kelleher is here because often the relevant Minister is not present in the Chamber. I spoke recently to representatives of SIPTU in my constituency who are concerned about the replacement of existing workers, with part-time, agency or other workers. We did not discuss specific cases but they need not have come to my office to say this because in a constituency such as mine many are employed as labourers, particularly in the building industry where activity has declined significantly. The fears of the SIPTU representatives echo those that individual constituents had brought to my office.

We must pay attention to the displacement of workers when net employment this year will grow by 500 jobs per week compared with 1,000 or 1,500 per week in previous years. I have spoken about this in private with the Minister of State, Deputy Kelleher. This issue was less significant before now but as economic growth slows the Minister of State should be warned that we are seeing it trickle through and as a Government we need to deal with it.

While I raised concerns regarding safeguards for agency workers, I wish to acknowledge the significant legislative changes of the past decade. The proposed new legislation that the Minister of State outlined last night, the establishment of the National Employment Rights Authority, with the provision of 90 labour inspectors, are welcome developments, and on that basis I support the Government's amendment tonight.

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