Richard Bruton (Dublin North Central, Fine Gael)

The intention was to provide clarity for employers and agency workers in terms of where they stood. The problem with the comparator was that such person may have been employed when conditions in the labour market were different and issues in terms of experience and so on may have arisen. We used the comparator in the first formulation of the legislation. We then tried to modify it to take account of different things that might make the comparator not a relevant person with whom to compare the new recruit being taken on as an agency worker. As Deputy O'Dea stated, this led to the creation of a complex set of different provisions. Following further consideration of concrete examples, we realised this provision would create more uncertainty in terms of where people stood. If a person is recruited as an agency worker, he or she cannot be recruited on terms different from those if the employer went out into the market that same day and had a direct recruit. That is what is provided for in the directive. We sought to use the comparator and then make modifications to the comparator to take account of different things which might make those two workers different because one was maybe five years earlier. In practice, it is better to revert to the wording of the directive. It is clearer in its application.

Having had a lengthy debate in the Seanad and having discussed practical cases, the consensus across the Oireachtas is that this is the better way to go. I will stick with it because having had the debate and having listened to the views of Deputies and Senators, this is the more robust way to proceed. It is fairer and it deals with what is the purpose of this, that is, that people cannot take on agency workers and apply entirely different terms and conditions. That is the sort of abuse this is designed to stamp out. This was not designed to create a new set of entitlements over and above what is in the directive and that is what the construct could have done. This is clearer, closer to the directive and commends itself to consensus across the Oireachtas.

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