Joe Costello (Dublin Central, Labour)

With the Leas-Cheann Comhairle's approval, I wish to share time with Deputies Kathleen Lynch, Martin Ferris and Aengus Ó Snodaigh.

This is a particularly important motion that deals with the plight of temporary agency workers. I believe this motion essentially is about greed and exploitation. It is about the trafficking of migrant workers and the exploitation of Irish workers. It is about modern day slavery, as Jack O'Connor, president of SIPTU, stated when he recently described the burgeoning practice of employing agency workers, particularly in the construction and catering industries, the services industry and seasonal work.

Ireland has aided and abetted this practice and abuse for more than a decade. Tens of thousands of workers from eastern Europe have been recruited by employment agencies within and without Ireland. By 2006, an estimated 30,000 such workers had been recruited to work in Ireland through more than 500 employment agencies. I believe the figure is much higher and although anecdotally this appears to be the case, no proper Central Statistics Office, CSO, figures are available and no labour force survey has been carried out. The Minister stated last night that he was about to conduct a labour force survey, which would provide a more true version of the real position. Moreover, the Minister of State with responsibility for integration policy has just told Members that effectively, the CSO figures are guesstimates. In other words, the figures in respect of migrant workers, immigration and the families of migrant workers and immigrants are far higher than the CSO figures with which Members have been supplied. The inability of the Minister for Education and Science to make provision for primary school places also indicates that this is the case.

Agency workers have no job security, no access to sick pay or pension entitlements or to other non-pay benefits. Their rates of pay invariably are much lower than those enjoyed by the direct workforce. They are subject to exploitation as a pool of cheap labour. However, exploitation of agency workers is not only a problem for the workers concerned as it also poses a serious threat to the rest of the permanent workforce, whose pay and conditions of employment can, and eventually will, be undermined by the unregulated use of agency workers. It depresses pay for all and facilitates the race to the bottom.

The Government, regardless of its protestations, has stubbornly refused to introduce necessary legislation to have employment agencies licensed in Ireland, to regulate the practice of recruitment and placement of agency workers or to provide for equal treatment in respect of pay, conditions and employment status of agency workers. I believe it suits certain sections of the business community to have a large pool of unprotected migrant and Irish workers recruited on the basis of temporary agency employment instead of permanent employment. It provides maximum flexibility with the minimum of security and constitutes a capitalist seventh heaven.

I refer to an article that appears in today's edition of The Irish Times by Brendan McGinty, the director of industrial relations and human resources at the Irish Business and Employers Confederation, IBEC. Both the text and the article's heading, which states "Flexible labour market crucial to economy", are interesting. The article is peppered with the words "flexible" and "flexibility". However, there is no mention of security. Mr. McGinty is talking about a flexible labour market without reference to security for the worker, which is what is most lacking at present. The article's sub-heading states: "Restricting employers from using temporary workers serves no one's interest." While this is true, no one advocates restricting employers from using temporary workers. I advocate regulation, licensing, equal treatment and rights. I am not talking about restrictions. I recognise that fine employment is provided by agencies to agency workers in sectors such as information technology, nursing and so on. However, there are whole swathes of vulnerable areas in which there is now a burgeoning industry in agency workers, about which I am concerned.

In 2002, the European Commission, recognising that abuse was taking place, decided to regulate agency workers to prevent such abuse. Consequently, more than five years ago, the much-maligned European Commission drew up the draft directive on temporary agency workers, which provided for a qualifying period or "a grace period" of six weeks before the principle of equal treatment would come into operation. Ireland, Britain and a third member state have opposed that directive for the past six years, thereby depriving temporary workers of rights in the workplace, creating an inferior category of worker, depressing pay levels and replacing direct employment and a permanent workforce.

Incidentally, the Minister of State might be interested to learn that Article 15 of the Charter of Fundamental Rights in the Lisbon treaty goes a long way towards outlawing the current exploitation of agency workers. Subsection 3 states: "Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of the citizens of the Union." Clearly, it would be very difficult for this Government to deny equal treatment for equal work once the Lisbon reform treaty is in place.

The Irish trade union movement has long campaigned for a fair and equitable solution to the current iniquitous situation. It has experienced many cases of abuse taking place in respect of agency workers, particularly in the construction and catering industries, in the services industry and among seasonal workers. As talks begin on a new social partnership agreement, the Government should do the honourable thing. It should draw up the necessary legislation in consultation with the trade union movement. I welcome the promise made last night — at least this debate elicited that commitment — for new primary legislation to replace the outdated Employment Agency Act 1971 and to provide for a proper inspectorate and code of practice. This should be passed by the Oireachtas before the ratification of the Lisbon reform treaty and before the new talks on social partnership are completed. For too often in the past, Irish people, and Irish workers in particular, have been obliged to wait for the European Union to vindicate their rights when successive Governments have refused or have been negligent in so doing. Were the Government truly committed to social partnership, it now would seize the initiative while it can.

The Minister of State, Deputy Billy Kelleher, is probably aware that an employment Council of Ministers meeting will be held on 29 February. Another will not take place until the end of June, which is a long time away. Were the Minister to give a commitment that he will proactively raise the issue of agency workers at that meeting, it would be most welcome. He attended the last meeting and I expect he will attend the next one. He should indicate that the Government is withdrawing its opposition to the European Union directive on agency workers.

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