Michael Ahern (Cork East, Fianna Fail)

I open my remarks by saying that the Government side has listened carefully to the useful and important contributions on temporary agency workers, from various sides, both last night and this evening. Contrary to the common assertion from most Opposition Deputies during last night's debate, this Government is deeply committed to decent standards of employment, and that these should also apply to temporary agency workers. Significant and substantial measures have been taken over the past ten years to underpin employment standards, including the introduction of the national minimum wage, which is currently at a level in Ireland that is among the highest in the European Union, and which applies to temporary agency workers. This is backed up with strong employment rights enforcement through the full redress mechanisms of the State. Our colleagues in the benches opposite have noted the contributions from the Government side with particular reference to the protection already afforded to agency workers by existing employment law and to the fact that commitments entered into by Government in the context of the social partnership agreement, Towards 2016, will shortly be reflected in new legislative proposals now being finalised.

In considering the contributions to the debate, I have been struck by the apparent belief in some quarters that Irish society and employment law does not provide any rights or protection for agency workers — with particular reference to agency workers from overseas. This perception was most surprising as the laws in question have been enacted in this House. Lest there be any doubt, I reiterate that the full range of Irish employment legislation applies to agency workers and others from abroad posted to Ireland temporarily by their foreign based employers. This Government would not tolerate the emergence of a two-tier system.

Having regard to the large corpus of legislation already in place, it is undoubtedly true that the rapidly changing economy and steady evolution of new working relationships has increased the potential for abuse of work practices and for exploitation of those not aware of their rights, or how to vindicate them. The Government's response to this reality has been to avail of the social partnership process — to agree with the social partners a new framework to bring about greater compliance with employment law and provide the administrative means to give effect to these commitments. Already the National Employment Rights Authority, NERA, has started work, with a significant increase in staff and a regional structure. A new Bill to give effect to the new compliance model is being finalised. NERA's mission is to achieve a national culture of employment rights compliance. One of the ways it aims to achieve this mission is by providing information on employment rights and obligations to employees and employers in a factual and impartial manner. The effect of this should not be underestimated.

In the light of recent public comments it is worth noting that very few cases of abuse of agency workers have been brought to NERA's attention. The Employment Appeals Tribunal has also seen very few agency cases.

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