Michael Fitzpatrick (Kildare North, Fianna Fail)

I welcome the opportunity to speak on the Bill, which will overhaul the State's employment rights framework. It will modernise the labour inspectorate, strengthen enforcement of employment rights and work permits, promote greater compliance in the workplace and increase penalties for employers who seek to gain advantage by denying employees their entitlements under the law.

The main measures proposed in the Bill include the establishment of the national employment rights authority, NERA, on a statutory basis, including appointment by the Minister of the director and a tripartite advisory board. I agree with those who have asked if we need this additional inspectorate. Nevertheless, the Bill will also seek to strengthen powers in the area of labour inspection including allowing the director to take evidence on oath, ensuring labour inspectors have greater access to premises, personnel and data, and empowering NERA to prosecute summary offences.

The Bill will also empower labour inspectors in NERA to examine employment permits and prosecute offences. The inspectors will also be able to conduct investigations jointly with other agencies including the Revenue Commissioners, social welfare inspectors and An Garda Síochána.

There will be provision for greater penalties for offences arising under employment law. Protection of whistleblowers in the event of breaches of employment law being reported in good faith will also be an element of the Bill. The Minister should examine the penalties for first-time offences, while perhaps considering greater penalties for second offences. Most employers respect their employees and do not intend to do them any injustice.

Documents must be kept by the employer in respect of the most recent three-year employment period and must be retained by employers for a further two years after the employment relationship ends. The inclusion of this provision in the Bill is a good step. This is significant legislation and will have a significant impact in the area of employment rights. It is a comprehensive package and is an indication of the Government's commitment to the principles of social partnership.

In the drive for greater competitiveness, there is a need to ensure that responsible employers who meet their obligations to employees will have a level playing field. It is crucial to have fairness on all sides, both for employers and employees.

Public representatives get complaints because inspectors appear to turn up at employers' premises at most unusual hours and sometimes when both the employers and their staff are extremely busy. From my little knowledge of the Garda Síochána, when some gardaí don their uniforms or someone has the title of inspector, some of them become over zealous. That would, however, be unfair to our good employers.

I welcome the fact that recently, the employer and trade union interests in the catering sector came to an agreement to fix a set of terms and conditions. These included minimum pay rates and Sunday premium rates that will apply throughout the country. Under the new arrangements, employment regulations orders would be made, establishing identical terms and conditions for application throughout the country. The thinking behind this is that it will remove the disparity between the minimum statutory terms and conditions that currently apply in catering establishments in the greater Dublin area and those that apply elsewhere.

The agreement would also provide for the extension of a sick pay scheme to cater for workers countrywide. Workers in the Dublin area are currently paid a minimum rate of at least time plus one third for Sunday work, while for the rest of the country work performed on a Sunday is paid at the rate of double time. It is important to have equality on this issue. Fairness should be the buzz word on both sides. In this time of economic difficulty, all sides must realise that compromise is needed, that we must all work together and play our part in doing so.

The preliminary agreement between IBEC and SIPTU is a pragmatic and practical solution. It shows that through partnership we can make progress. From a broader viewpoint, taking our economy as a whole, I would urge all social partners to work together as we seek to make readjustments in line with changing times. The fact that talks with the social partners concluded the way they did earlier this week does not sound the death knell for social partnership. We should look at the positives — the fact that all sides agreed on what had to be achieved — and continue to seek a joint solution to the current financial situation.

Employers and employees have a role to play at this time. Both sides need to be flexible and realise that compromises have to be made. We must be realistic and understand that our country is going through a time of severe economic change. Now is not a time for extremism on either side. Employment has always been something that should be cherished and respected, and in these times even more so. It not only benefits individuals but also families and communities generally. All of us who are lucky enough to be working should appreciate that fact. We should never forget that there are people behind those unemployment statistics. We have always been known as a caring and practical nation, and long may that continue.

I have always believed that extremism of any kind is a dangerous thing. A measured approach in life usually goes a long way. At this time, flexibility is required from everybody as we seek to stabilise and ultimately return our country to a position of growth.

The Migrant Rights Centre is a national, non-governmental organisation that works with migrant workers. They are in a vulnerable situation, particularly those who are experiencing exploitation in the workplace, trafficking for forced labour and those who are undocumented. I am told by the centre that the exploitation of migrant workers in Ireland, particularly those in low paid, non-unionised jobs, is widespread. Workplace exploitation constitutes a wide variety of situations, ranging from discriminatory practices in pay and conditions to forced labour. This exploitation is particularly prominent in sectors that are poorly regulated.

The Bill will have a significant impact on the lives of migrant workers. We all welcome the Government's initiative to strengthen the enforcement of employment rights and promote greater compliance in the workplace, which adequately addresses the protection of all workers from exploitation. It is important to protect the employment rights of undocumented workers, and the inspectorate and legal redress mechanisms must follow through on this. This could be ensured through the Employment Law Compliance Bill. To date, however, the inspectorate has indicated that it cannot and will not seek moneys owed to the undocumented workers. Any bar on the recovery of lost wages by the undocumented workers would lessen the liability of unscrupulous employers and make it financially attractive to them to hire undocumented workers.

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