Dáil debates

Wednesday, 18 February 2009

Employment Law Compliance Bill 2008: Second Stage (Resumed)

 

6:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I am concerned at the attitude of a Government that proudly trots out yet another agency of this type. I read the review the Minister launched with great fanfare some weeks ago. It included no balance sheets or costings and no indication of staff numbers. I discovered in the explanatory memorandum to the Bill that we are talking about a figure in the order of €14 million or €15 million. However, there is no exact figure. I will pursue this matter through the Committee of Public Accounts and otherwise. Spending €14 million or €15 million on setting up this agency is unacceptable when all that is required is the appointment of additional inspectors to the Department. That would have done the job in a manner that is reasonable to those who are trying to maintain their businesses. That is far preferable to descending on such persons in the darkness of night to persecute them.

What a worker needs above all is work. However, we are in the process of introducing legislation that may curtail the availability of employment. Our entire approach in this crisis should be to find incentives to work and to encourage employers, that endangered species, to take on more employees. We should not be imposing a cost on the public purse in introducing measures that will persecute employers.

We do not need another statutory agency, nor do we need the interim agency. It is entirely unnecessary and out of kilter with the needs of our time. Moreover, the Bill provides for the establishment of an advisory board with representatives of employers, employees and the Minister. This resonates with the situation at FÁS. We certainly should not look to that particular board as an example of how a State body should be run.

Holding out to employers the prospect of a fine of up to €250,000 and imprisonment for three years as a consequence of breaking employment law is not the way we should proceed in the current climate. The message from this House, if not from the Government, should be to encourage employment. We must offer assurances that we want to see people working and that we will ensure in a sensible, moderate and reasoned way that there will be sufficient departmental inspectors to ensure workers are not exploited. The message should be that we will take whatever steps are necessary to ensure that but we will not set up this new empire which represents a waste of taxpayers' money and may ultimately serve only to squash employment.

The Minister of State, Deputy Kelleher, is a genuine, decent Cork man. I urge him to focus on the actions he can take to encourage employment. Will he ask his Government colleagues to face reality instead of pushing for the establishment of another unnecessary quango? Will he seek to rectify the ridiculous situation of pubs, restaurants and hotels being obliged to close on Sundays, as eloquently highlighted by Deputy O'Rourke? Why is there not urgent action to remedy this situation? I have spoken to employers who are pleading to open for business on Sundays and whose employees are eager to work. It is absurd that they cannot do so.

There are other areas in which we can encourage development. The word "developer" is a dirty word these days. I am of the view that developers who properly develop do a good job for the State. However, there is a difficulty with our planning laws. For example, An Bord Pleanála is supposed to complete planning appeals within 18 weeks but a recent report indicates that only 25% are disposed of within that timeframe. We should remove the obstacles to development and employment. This is not to argue for lower planning standards, but to encourage those involved in the process to do the job as prescribed for them by this House.

We should not prescribe this type of legislation. If there is €15 million to spare, it should be allocated to a more worthy cause. The Minister of State is aware of efforts to get the Cork-Swansea ferry up and running. An allocation of €2 million would allow it to commence operation, thus providing employment and helping to win back some of the tourists we have lost. That is the type of project that should be prioritised rather than wasting money on operations of the type proposed in this Bill.

I urge the Minister of State and his colleagues to stand back for a moment. They must make a realistic assessment of the situation throughout the State. If they come out of their ivory towers for a moment, they will see the wreckage and devastation wrought by the collapse of the economy. The first step in the Government's efforts to encourage employment should be to put this Bill in cold storage. Second, the National Employment Rights Authority should be given a long holiday.

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