Heather Humphreys (Cavan-Monaghan, Fine Gael)

I wish to share my time with Deputy Jerry Buttimer.

I welcome the opportunity to speak on the Protection of Employees (Temporary Agency Work) Bill 2011 and commend the Minister for bringing it forward. It follows on from the EU directive on temporary agency work and will allow for the passage of the directive into Irish law.

The Bill will allow for the equal treatment of agency workers with direct employees as regards basic working rights and conditions. Leaving aside the matter of employment rights, that every person should be treated equally and with dignity, no matter what his or her circumstances, is one of the most basic human rights that should be available to every person. The Bill ensures agency workers will be afforded the same rights, in terms of pay, work duration, breaks and holiday time, as those who are directly employed. It will mean that temporary agency workers will also be allowed equal access to the relevant amenities and facilities within their workplaces such as crèche and canteen facilities. This is a welcome provision and I was surprised to discover it was not already the case. I find it astonishing that temporary workers are not permitted to use the same canteen facilities as their permanent counterparts. This is unequal treatment and what springs to mind is what happened in 1950s America when African Americans were not permitted to sit beside their Caucasian counterparts on buses. I did not think there is a similar practice in Ireland in 2012 where temporary agency workers are not allowed to eat alongside their colleagues. In fairness, I would be surprised to discover any such cases. It is a welcome development that this right is being set out clearly in law.

I note the provision in the Bill that equal access to amenities may not be afforded to temporary agency workers where such action can be "objectively justified by the hirer". There must be clarification of this provision to avoid confusion in the workplace. In this regard, perhaps the Minister might outline briefly the exact meaning of the term "objective justification".

With regard to pay, it is welcome that this legislation means that temporary agency workers will be entitled to the same basic pay as those who have been directly employed. They will also be entitled to any overtime, unsocial hours and Sunday premium payments available to permanent staff. It is welcome that this is being set down in law. If temporary agency staff are not entitled to the same level of premium pay, there is nothing to stop unscrupulous employers having rosters which have temporary agency staff working weekends, nights, etc., meaning they will not have to premium rates. In this regard, it is important that employees are made aware that this legislation will be applied retrospectively from 5 December 2011. Employment agencies and hirers were notified of this provision and instructed to make appropriate arrangements to ensure equal treatment from that date. This means that once the legislation is enacted, employers will be obliged to backdate payments to this date.

Another important provision is that agency workers must be informed of any vacant positions for employment which arise at their respective companies, in the same way as a comparable permanent employee would be entitled to be informed. This is only fair. In essence, it affords agency workers the same opportunities to progress in the workplace that would be available to permanent employees.

As somebody who has worked as a PA YE worker all my life, I fully appreciate and recognise the huge contribution workers have made to this country. As I mentioned previously, equal rights in the workplace are not just a matter of employment rights but represent a fundamental human right. It is hugely important that nobody feels discriminated against or is made to feel like a lesser person in the workplace, regardless of race, gender or the fact that one is an agency worker. In Dáil Éireann, equal rights are also something of a topical issue, with discussion ongoing regarding the low number of elected female representatives. In this regard, I acknowledge that as a newly elected Deputy, I have not felt discriminated against in our workplace because I am a woman. While I agree that it is a positive step to continue to encourage female participation in politics, it is important that we differentiate between equal rights and equal numbers. It is fine to introduce gender quotas and this has certainly brought the issue of women in politics to the fore. However, at the end of the day, the electorate will have the final say on the best person for the job, regardless of gender. I will not go into further detail on this, as it is a debate for a different day.

The Government has made it clear that it wants to protect workers. This was evident in our restoration of the minimum wage rate to €8.65 and is evident again today in this Bill. The protection of workers is integral to any society and Ireland has a fine tradition in this respect. Figures such as James Connolly have played a vital role in ensuring that equal rights and conditions are afforded to workers. The reason I mention James Connolly is that he is an Irish patriot whom I consider to be a particularly inspirational figure. James Connolly's parents were from County Monaghan. They originated from the Killevan area, which, by coincidence, is the same area from which I come. I welcome this Bill and look forward to its enactment.

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