Ann Phelan (Carlow-Kilkenny, Labour)

I welcome the opportunity to contribute to the debate on this measure introduced by the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, to address the closing of the entitlement gap for agency workers. This entitlement is contained in the EU directive on temporary agency workers for transposition into Irish law which could aptly be described as a human right for agency and other workers. In that regard, I am greatly influenced by SIPTU's vice president, Ms Patricia King, who played her usual sterling role in defending the concept of equal status for agency workers. It is worth mentioning her statement made in transposition talks between the Government and the social partners on the EU directive on temporary agency workers: "No persuasive case was made as to why the application of the directive should be different here in Ireland from the situation in the majority of other European countries." She went on to state:

Workers have a right to be paid equal pay for equal work. It is a fundamental principle; and a question of equality; and that was what our campaign for this Directive and these rights was all about in the first place.

Because agency workers do not benefit from the same basic working and employment conditions as directly recruited employees, differences attached to equal rights and privileges in the workplace have become a contentious element of friction. It is, therefore, correct that we now align entitlements in areas such as health and safety, payment of wages and unfair dismissals, and that agency workers can seek redress in the same manner as directly recruited employees.

I am aware that ad hoc additional legislation was added since the early 1990s which has resulted in the onus for the protection of agency workers being placed on either the good will of the employment agency or the hirer. These measures have failed workers and resulted in confusion in the law in this area. It is clear that the time has come when we cannot ignore the need for change to ensure fairness and equal treatment for agency workers. In the regrettable absence of mutual agreement between the Government and the social partners on a derogation in respect of the directive on temporary agency work, Directive 2008/104/EC, in respect of a qualifying period for the provisions on equal pay, the Minister is correct in taking this course of action to transpose the EU directive. The Bill attempts to establish a suitable framework for the use of temporary agency work with a view to contributing effectively to the creation of jobs and the development of flexible forms of working. I, therefore, welcome the assurances contained in the Bill to ensure agency workers will have the same working and employment conditions as if they were directly employed by the hirer. Likewise, clarity on employment conditions relating not just to pay but also to public holiday and annual leave entitlements is a comfort to those being exploited.

Perhaps one of the most contentious items is the question of premium payments for unsocial working time, as well as Sunday premium hours. It has become a bit of a farce in some workplaces where a directly recruited employee is working alongside a less well paid agency colleague doing the same type of work.

Section 2(1) is an important legal remedy for workers who have difficulty with dodgy employers when questions arise as to whether it is the assignee of the client or the employment agency who is for responsible for meeting certain welfare obligations in dispute. Section 2(4) clarifies that the buck will stop with the employment agency. One of the most annoying problems reported to public representatives by constituents who have had outstanding issues with an employer is trying to pin down who ultimately pays when a dispute arises between the agency and the hirer. Thankfully, section 14(2) binds both parties to a resolution process which will impose an onus on the party who actually benefited from work carried out by the worker.

I agree with Deputy Boyd Barrett's argument that agency workers have been used to undermine the workforce, and we all know of this practice.

Once again, I congratulate the Minister, Deputy Richard Bruton, on his work in expediting passage of this Bill and I commend it to the House.

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