Nicky McFadden (Longford-Westmeath, Fine Gael)

I welcome the opportunity to speak on the Protection of Employees (Temporary Agency Work) Bill and to comment on certain aspects of the legislation. The Bill will implement an EU directive, the overall objective of which is to provide a boost to the work and employment opportunities for temporary agency workers in Ireland. While exact figures are unknown, available data from work carried out in the regulatory impact analysis shows that there are approximately 35,000 temporary workers currently employed in Ireland through 340 operating employment agencies. It is therefore necessary that guaranteeing equal treatment for agency workers in terms of pay and basic working conditions and entitlements is given due priority. I commend and pay tribute to the Minister, Deputy Bruton, on his work in this regard.

Many people are struggling to find employment and take every opportunity to secure whatever length of employment may be available. Those who take on temporary work through agencies should be safe in the knowledge that the work they do will be financially beneficial and worthwhile. A certain degree of stability is the least these workers deserve. While protecting the basic rights of temporary agency workers, it is important that a fair and balanced approach is taken so that costs on employment are kept to a minimum and the impact of economic competitiveness is minimised in what are difficult economic conditions.

Under the Bill, pay is defined as basic pay, along with any pay in excess of basic pay in respect of shift work, overtime, piece work, Sunday work and unsociable hours. The basic working and employment conditions protected by the Bill expressly exclude sick pay, payments under a pension scheme or other occupational social security schemes. I agree with Deputy Tom Fleming and Deputy Catherine Murphy that it is most unfair that sick pay and pensions should be disregarded in this Bill. In general, agency workers are paid significantly less than comparable full-time, permanent and directly employed colleagues. Should the Bill become law, basic working and employment conditions to which an agency worker is entitled shall be the same as a comparable employee and I wholeheartedly welcome this. A reality of the recession is that employers are more inclined to employ workers on a temporary basis through an agency rather than committing to employing workers on a permanent basis. It is therefore essential that these temporary workers' rights are protected. The main benefit for agency workers is the elimination of any pay differential that may have previously existed between them and employees directly employed by the hirer.

An important issue raised by my constituents on several occasions is the consideration of long-term agency workers for permanent positions that arise. I am aware of an agency worker who has been in the same employment for three years and who is dependent on a place on an employment panel to be considered for such positions. However, these panels have expiration dates. Agency workers should get the opportunity to apply for permanent positions in the case of retirements and other situations.

Information provision in respect of employment, equality and industrial relations rights and obligations will bring about major improvements in workplace relations. The Minister's objectives are to encourage early resolution of disputes, vindication of employee rights and the minimisation of the costs for employees, employers and Government and these are welcome goals. The introduction of these new and improved rights for temporary workers is a positive step. The Bill will help temporary workers to achieve better working conditions and, in turn, attract more people to take up these kinds of employment opportunities.

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