Dáil debates

Wednesday, 11 February 2009

Employment Law Compliance Bill: Second Stage (Resumed)

 

6:00 pm

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)

The main reason I wish to speak on this legislation is to state my total disagreement in regard to the establishment of another quango. We have a sufficient number of quangos. To the best of my knowledge there are more than 1,000 of them. Every effort is being made, in particular by my party, to put in train procedures to reduce dramatically the number of quangos in existence.

There is no need for a national employment rights authority as suggested in this legislation. Employees' rights are already protected by legislation. Also, the Department of Enterprise, Trade and Employment incorporates the old Department of Labour. The Minister of State, Deputy Kelleher, who is present in the House bears responsibility for labour affairs and I have full confidence in his being able to carry out his duties in this regard.

What is needed is not another quango but a proper inspectorate to ensure that those who suffer at the hands of rogue employers obtain their rights under existing legislation, all of which should be catered for by the Department of Enterprise, Trade and Employment.

The Minister stated that the organisation has delivered on the provision of regional cover with offices in Carlow, Dublin, Cork, Sligo and Shannon. Even before this legislation is passed, offices have been set up in Carlow, Dublin, Cork, Sligo and Shannon. What are we doing? We have massive unemployment, people are going out of business every day and other people are taking massive cuts in wages and salaries while we are setting up a quango, the problems associated with which could be dealt with by the Department of Enterprise, Trade and Employment. How did we ever get on without all these quangos? If one puts down a parliamentary question on any of these issues in the future, one will be told the Minister has no responsibility in this area.

We must make up our minds whether we are living in a democracy. Taxpayers do not want this. Public servants are being asked to carry a massive pension levy, some of which will go to pay unnecessary overheads for offices, staff and all the paraphernalia in five different regions. It is unbelievable. There is no necessity to go ahead with this.

There is no doubt this was dreamt up at the time of the Gama scandal and I am sure it was a deal done between the Government of the day and the social partners to overcome those difficulties. While I do not wish to stand over any rogue employers, there is no necessity for this Bill. I ask the Minister to withdraw the legislation and go back to the drawing board. If existing legislation needs to be strengthened, it should by all means be done. I am sure my party would recognise any solid proposals to come forward in this regard. However, in terms of supporting a quango, the Fine Gael party has no intention of supporting the establishment of the National Employment Rights Authority on a statutory basis, and I am delighted about that.

Not alone will we set up a quango, the Bill from sections 6 to 31, inclusive, deals extensively with its establishment. It refers to the setting up of a director; the establishment of the office; superannuation; terms and conditions of employment; the resignation, suspension, removal and disqualification of director; membership of either House of the Oireachtas, European Parliament or local authority; the acting director; the functions of a director; delegation of functions of the director; ministerial policy directions; obligation to consult with the director; power to engage consultants and advisers — the list goes on. It will be a bonanza of money going out the window.

The next heading is a great one — establishment and functions of the advisory board. Why in God's name do we need an advisory board? It is bad enough setting up the quango. This is another outing like the one we had in the FÁS scenario. It is all to do with jobs for the boys. At a time when we are trying to convince the public to accept sacrifices to get this country back on its feet, we are setting up a quango for which there is no necessity.

The Bill then refers to membership of the advisory board and the terms and conditions of membership. There is a special section on the chairperson of the advisory board and the next sections concern the annual report and information to the Minister; and a strategy statement. What strategy statement could there be in respect of this quango? It then refers to a work programme; accountability of the director before an Oireachtas committee; the director's annual report; disclosure of certain information; co-operation between the director and official agencies. This is great stuff. It continues with regard to disclosure of information relating to offences; prohibition on authorised disclosure of information.

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