Mary White (Carlow-Kilkenny, Green Party)

I wish to share time with Deputy Calleary.

I am delighted to have the opportunity to contribute to the debate on this legislation designed by the Government and the social partners to strengthen worker protection, which we all want, particularly in a recession, with many people unemployed or being made redundant while others are not working in the best environment. We want to make sure employees are treated with respect wherever they work, that they are paid the correct amount and that employers are cognisant of all their duties to their employees. The statutory footing being provided to NERA, which is based in Carlow in my constituency, is an important step in the enforcement of employment legislation and workers' rights. NERA has been, and remains, a success and the increased resources for the authority are vital.

People are concerned about many workers' issues relating to pay slips, working time and the minimum wage and the authority is in place to monitor employers, to persuade at times and enforce at other times and to initiate legal proceedings, where necessary. It is staggering that NERA received an additional 20,000 calls last year compared to 2007 and this is testament to the important point of contact it has become for workers with queries about their employment who want to obtain information about the obligations and responsibilities of employers to them. The new obligations on employers are necessary and welcome, as is the protection provided for whistleblowers. Where unsavoury practices are taking place in an employment, it is important that whistleblowers are given protection.

The punishments outlined for summary offences and convictions are adequate and strong deterrents exist for those considering exploitation of workers. There has been criticism of the lack of convictions against exploitative employers. Some of this is justified but the approach of NERA and labour inspectors to the cases they deal with, which is to give employers the opportunity to comply before rushing to file for prosecution, is reasonable and cognisant of the fact that employment law is so vast that employers will not always know the extent of their obligations. We hope they do not take short cuts but the agency's role is partly to create awareness and to effect change in an approachable manner. The legislation supports this.

One aspect of employment law compliance that must be considered in the context of the Bill is the exploitation of migrant workers and the smuggling of workers into the State without permits. We have all heard ghastly stories of people working in terrible conditions; in some cases, their accommodation is linked to their jobs and they are afraid to highlight their conditions in case they lose their job and the facility to send money home. It must be ensured those stories are not replicated in the press. I hope there will be cross-government cohesion in this area and the Immigration Bill 2008 will, in its final state, complement the spirit of this legislation. I also hope the law will ensure compassion, sensibility and common sense in dealing with the vulnerable in the labour market, whether workers are here legally or illegally.

An important development arising from the new framework is the monitoring of labour market trends, which will be important in assisting the Government to understand changing economic and demographic characteristics in the State. Understanding the trends better will help us plan for the short, medium and long term with greater precision and coherence, particularly in the context of job losses. Last week was dreadful in the context of unemployment.

The Bill provides us with a timely opportunity to conduct a fundamental review of our employment architecture. Many agencies are involved in enforcing employment law and employers should get up to speed with them all, including NERA, rights commissioners, the Labour Court, employment appeals tribunals, the Equality Tribunal, the Health and Safety Authority and the Departments of Enterprise, Trade and Employment and Social and Family Affairs. All these organisations should dovetail with each other to make sure the best work environment is delivered for employees. All agencies have a major role in ensuring we are not bedevilled with red tape and we mean business in dealing with the important issue of employees' rights and ensuring employers are familiar with the role they must play in looking after them.

This may be a good time for the Government to redefine what each agency does if there are overlaps and duplication and to ensure greater efficiency and streamlining can be achieved in the system without undoing the important regulation and enforcement of workers' rights. I am hopeful the Bill will do a great deal for workers and encourage employers to get up to speed because NERA is in place to support employees. Let us create a better work environment, particularly in this deepening recession.

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