Dáil debates

Wednesday, 18 February 2009

Employment Law Compliance Bill 2008: Second Stage (Resumed)

 

5:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)

I know what it is like to go home to tell one's family about the difficulties one is experiencing as far as one's working life is concerned. It is a challenge and it is something about which we should all be concerned. In the times we are in, it is easy to suggest taking the brakes off as far as labour law is concerned, but those of us who have commitments and trade union backgrounds understand that many workers still believe that no matter what the times are or what they bring, we should still protect workers' rights. In fairness to the Minister of State he has made this point.

He also made the point, which I articulated previously, that he was responding as far as he could to representations made to him from many colleagues across the floor on the protection of employees. It is fair that those colleagues on the other side of the House who state that he might do things differently remember where this started and from where the impetus for the legislation came. The Minister of State must make up his mind and decide what is best for the workers of this country. I suspect he will get much support in this regard.

I note that when the Minister of State introduced the Bill, he stated its main provisions included the establishment of NERA on a statutory basis with a tripartite advisory board. He also mentioned the strengthening of the inspection and enforcement powers of NERA together with provisions designed to secure compliance, including the protection of employees against penalisation for claiming their entitlements or "whistleblowing", such as reporting breaches of employment legislation to NERA.

The Minister of State also referred to specifying the statutory employment records. Colleagues across the floor have queried this and I will be interested to hear how the Minister of State reacts. In a very eloquent address to the House, Deputy Seán Barrett made that point that we should be trying to help employers as much as possible. I will not be two-faced about this legislation but I take the point. It is important to understand the need to protect employers. However, at the same time, this should not be to the detriment of workers. It is easy in these changed times — I will state this from the Fianna Fáil benches — to state that we should go easy on employers. I am sure their representative bodies will make these points. Let us not forget that workers have rights and entitlements and let us find a balance as far as the Bill is concerned.

The Minister of State also spoke about fostering increased co-operation at workplace level so as to safeguard employment rights and to make provision for the exchange of information between statutory enforcement authorities to facilitate joint investigations where breaches of the law are suspected. The Minister of State made the point that he was committed to strengthening the powers of the Minister for Enterprise, Trade and Employment to initiate investigations and to publish the outcomes in cases of public interest. He referred, as many colleagues did, to the Gama case which upset everybody and it is important to state this fact. The Minister of State also spoke about the involvement of labour inspectors, for the first time, in the enforcement of provisions of the Employment Permits Acts and the strengthening of those Acts as regards records and other obligations of employers.

This Bill needs to find a balance. I can speak about my constituency as much as anybody else and I do not wish to be particularly parochial about this legislation, but I live in the third largest population centre in the country. The beginnings of my community endeavours and political career can be traced back to representing workers' rights. Colleagues sitting slightly to my left might be surprised at this but that is where I came from — in 1994, I was a founder member of Get Tallaght Working, which still survives and is doing a tremendous job under the name Partas. It represents the need for jobs and enterprise in my town.

As colleagues know, Tallaght has a record of job losses over the years. In another debate I stated that at present everybody is speaking about the need for jobs in his or her own area. I have no difficulty with this and I heard the case being made for Limerick after the Dell calamity and for Donegal and other regions. Every colleague in the country has my sympathy as he or she makes the case for his or her region. I can certainly do this because Tallaght has more than 7,500 people who are unemployed. We have a young population and we must continue to do what we can to create employment and to shout as loudly as we can, even in these difficult and challenging times, about the job creation needs of our constituencies.

I am old enough to remember other times of recession. I am certainly old enough to remember when conditions for workers were not as good as have been developed in recent years. I am certain the Minister of State will take account of the fact that we should not roll back on progress made in labour legislation over the past decade. I listened very carefully to the debate and to points made by my colleagues, and I respect many of these points of view and hear what is stated about another organisation being established.

However, I am struck by the Minister of State's commitment to respond to what colleagues stated. I recall he had a great line in which he stated that Deputies on all sides of the House had many parliamentary questions and debates when the Government was condemned for having "more dog wardens than labour inspectors". The Minister of State put on record, I am sure in a very accurate way, that this has changed.

It is important that the Minister of State understands that he will have much support. I suspect that even colleagues giving counter views will also understand the need for this legislation and will not oppose him as far as the thrust of the Bill is concerned. It will be interesting to see how various colleagues make different points and what position is formed. I suspect this will be a unique occasion as far as the development of legislation is concerned where it is necessary for the Minister of State to listen very carefully to the various points being made and take account of how the times have changed since the Bill was prepared. I wish the Minister of State well in this regard. He knows he will have my continued support. I will have time on other occasions to press him for more jobs for Tallaght and I am sure he will not mind this.

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