Paul Connaughton Snr (Galway East, Fine Gael)

Like the previous speaker I welcome the Bill. I assume the reason for this legislation is to follow best practice as in European legislation. The structure of employment agencies has changed over the years. I assume if this Bill had been introduced before the arrival of so many immigrant workers over the past eight or ten years it would be a different structure. I see no reason why the employment agencies would not be policed and a licensing system for agencies is a reasonable proposal.

The movement of labour between countries comes in 20 to 30-year phases. I presume this Bill is a measure to protect people who come to a foreign country and who might be very badly treated if suitable employment laws were not in place. It is the case that a grey area exists within the employment agency business and this has nothing to do with non-native workers. In the good years the use of employment agency staff could be very expensive. I often wondered who was responsible for these staff, whether it was the agency that provided them or the employer who paid for them. It is referred to as a grey area in some of the documentation. I assume once this legislation is passed, this grey area will no longer exist. I assume the people who pay the piper will be responsible for such staff and I note the Minister of State is nodding in agreement.

Deputy Mary O'Rourke referred in her contribution to an unintended secondary effect of the legislation. I hope this will do its bit in so far as the trade union movement is concerned, that it will show that the Oireachtas and the Government, like the trade unions, are also very concerned about the welfare of workers. This comes at an opportune time when everybody is fiercely critical of everything that is happening and there is great cynicism as to the future of the country. Whatever hope we have as a nation of pulling together, we have no hope at all if we hang one another out to dry. It is against this background - even though this is only a very small element of a significant problem - that I hope it will be seen in some quarters that at least the Oireachtas Members wish to be prime movers in creating an environment for getting the economy right so that the people who are hurting so badly now will see that times will get better for them. Parts of this Bill should fit well in that regard. This is something about which the trade union movement has been making a lot of noise - and rightly so - over the years.

The Bill provides that employment agencies established in other EU states must apply for an employment agency licence unless the Minister is satisfied that agencies in that state are permitted to operate only in accordance with a licence or are otherwise appropriately regulated or authorised in that state. I ask the Minister of State if this means that outside agencies must apply for a permit here in order to operate in this country. I assume many of those employment agencies are based outside of Ireland. I was not aware there are 300 or 400 of them but I assume in a country of our size this would be appropriate enough. I ask how these agencies will interface with this legislation when enacted.

The Bill will establish a code of practice setting out practices and standards to provide practical guidance to queries for the purposes of complying with the Act. I am not an expert on this type of law but is it the case there is no statutory obligation on people to accept the code of practice? Is the Minister of State of the view that the employment agencies, when it suits them, might not be too concerned about the code of practice or does he believe it will become a marketing tool for them, that people will only deal with agencies which accept the code of practice and adhere to it? The Minister of State is nodding in agreement. I assume he has a good reason to believe this is what will happen.

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