Colm Keaveney (Galway East, Labour)

I thank the proposers of the Bill for bringing it forward for consideration. There was some historic reference made to the lock-out of 1913. That great struggle between capital and labour took place not five years before the then president of Sinn Féin, Arthur Griffith, asked the Labour Party to stand down on the basis that workers' rights in this country would have to wait their day. We have come a long in Irish history in less than 100 years when Sinn Féin is taking a stand in this House in regard to workers' rights. On 1 May, above all other days, I commend the party in this regard.

The Bill, however, has some technical defects that render much of it undesirable to bring into law. The proposed amendment to the Protection of Employees (Employers' Insolvency) Act 1984 could have the effect of allowing an employer to render a company insolvent when efforts could be made to restructure it and protect a portion of the employment where that can be provided for through dialogue. A further proposed amendment to section 6 of the 1984 Act introduces an ambiguity as to which Minister in particular is to be referred to. This could prove problematic in that a Minister could unwittingly act in excess of his or her jurisdiction, which might then cause harm to the welfare of an employee. According to today's press release from Sinn Féin, the Bill is intended to address the recent redundancy situation that arose largely from decisions by foreign courts to order sudden wind-ups of companies operating in this State as part of multinational groups. As many of these cases related to decisions of courts in fellow European Union member states, an appropriate solution might be sought in the context of EU legislation to address this issue on a pan-European basis. If I understood Deputy Seán Crowe correctly, he is in favour of such an approach, in which case I will certainly be happy to add my voice in calling on the Government to address that at a European level.

The main criticism of the historic industrial relations mechanisms in this country has had to do with the lack of expediency, as highlighted by other speakers. It is simply unacceptable in this economy that workers must wait up to three years for a recommendation or determination and even longer for a final resolution.

The Minister for Jobs, Enterprise and Innovation has made significant progress in this area and stated his main aim is to provide an independent, effective, impartial, as well as a simple, cost effective and workable means to seek redress in respect of an enforcement order within a reasonable period of time. His initiatives include the single contact portal, the single complaint form and the early resolution service. Information on all aspects of employment rights and industrial relations is now available on the one website.

The Minister and his Department have also commenced work on a Bill on workers' relations which will wind down and amalgamate the plethora of third party procedures. The proposed streamlining is welcome, but I call on the Minister to include in the Bill further steps and measures that would provide for recommendations of the Labour Court having a more binding effect. It is my personal view that the Government ought to grant an exemption in the context of the cap on public sector recruitment to deal with speciality and resources issues, as referred to in the Bill.

I wish to comment on companies such as Vodafone which has moved its operations to the lower cost economy of Northern Ireland. I am sure the Deputy on the other side of the House will be delighted for his other constituency in the North regarding the job growth that will occur in that area. I do not see Deputy Gerry Adams here defending his constituents in Dundalk who are on their knees suffering as a consequence of Vodafone's decision to move operations to Newry. We must look at this issue because it is a disgrace that companies can continue to receive State contracts at local and national level while remaining very profitable. The French republic would ensure companies acted in a manner that would protect the interests of the French economy. It is important companies such as Vodafone sit up and listen to the concerns of the Dáil about the treatment of Irish workers. They are posting millions of euro in profits while moving to lower cost economies. We have a role in government to review if we should renew contracts with such organisations which are moving across the Border to Newry to pay significantly lower wages.

I admire the sentiment more than anyone else in this room about the motivation behind the Bill. The cause of workers' rights is an important one for the House, but I will be voting against the Bill as it is technically deficient in a number of areas, an aspect that has been acknowledged by the Opposition. More importantly, it has misidentified the root of the problem. There is no doubt that the Government has made significant progress on the issue of workers' rights, but more needs to be done. The Bill, as an Opposition speaker said, is not perfect, but it raises the profile of the debate. It is important that we identify with those workers who have been affected, mostly in multinational companies which have been put into liquidation outside the jurisdiction. If we can improve the lot of these workers, the debate will be important.

I look forward to the timely progress of the Minister's proposals to the Oireachtas. He would do well to listen to the sentiments expressed by every speaker with respect to maintaining high standards in the role of third party procedures. It is my firm belief that in that reform process many of the issues about the duration and timeframe outlined by the Deputy from Sinn Féin would come to an immediate and sudden end if the capacity of the Labour Court could be reviewed with regard to making firm legal determinations rather than recommendations based on a voluntary understanding between bodies. That is one of the root causes of the two to three year delays workers face when trying to secure a legal right.

I look forward to seeing the progress the Minister is making on this issue and adding to the process over the course of the year. HIs proposals must be brought before the House as soon as possible in order we can include them in the Statute Book to protect vulnerable workers in the economy.

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