Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I welcome the opportunity to contribute to the debate and I compliment my colleague, Deputy Rabbitte, on bringing the legislation forward. As a party, Fianna Fáil is responding to the legal lacuna highlighted in March this year when the WRC made a ruling that threatens to undermine the tradition of au pairing, which dates back in excess of 40 years, and threatens to criminalise tens of thousands of families. The ruling highlighted the need to bring clarity to the status of au pairs in Ireland by providing a regulatory framework to protect young persons and ensure they maximise the educational experience that can be derived from this cultural exchange.

The Bill provides a legal framework to prevent the exploitation of au pairs through regulation. The WRC's determination was made in the absence of any legislation or regulation and it is up to the commission to determine the relationship between au pairs and host families. It is up to us who have been honoured to be elected to this body to legislation and to introduce regulatory frameworks. As a party, we are proposing a reasonable, proportionate system of regulation, which will protect au pairs and the tens of thousands of families, which Deputy Rabbitte has rightly identified as relying on the services of au pairs, but, most important, it will protect the children of the families who are cared for by au pairs. As legislators, we have a duty to do this.

"Prime Time" broadcast an exposé earlier this year, which showed a minority of families who exploit these young people. The legislation outlines a set of minimum standards which must be complied with; we have none currently. Families must go through an accredited agency. One of the minimum standards is a stipulation requiring a written agreement which will identify what light child care and domestic chores involve, up to a maximum of 30 hours a week in return for lodgings, hospitality and pocket money. The Bill seeks to establish an au pair council, the primary responsibility of which is the protection and vindication of the rights of au pairs. If disputes arise, there will be an agency to deal with them and if they are not happy with the agency, the au pair council can deal with them. We are setting out a clear regulatory framework to deal with this sector going forward because it has not been dealt over the past 40 years. I am annoyed by critics both inside and outside the House. They have done nothing since March and they are happy to let young people continue to be exploited and to leave tens of thousands of families be treated like criminals.

It has been stated au pairing is a substitute for cheap child care. I am one of the greatest advocates of quality, affordable child care. This legislation is not about cheap child care and, by definition, it will not be considered as another form of child care. The Bill will eliminate the black market or unregulated sector. One of the greatest flaws in the argument put forward by one of the opponents to this legislation is the attempt to equate these workers with domestic workers. There is a difference between domestic workers and au pairs. Au pairs are not domestic workers. Every other European country does not consider au pairs to be domestic workers. Au pairs travel to Ireland voluntarily to learn a language and experience Irish culture on an exchange programme. Most are from other western European countries, which also have such programmes. If they wanted to travel to be employed as domestic workers earning the minimum wage, they could do that. I am party spokesperson on tourism and I have met representatives of the Irish Hotels Federation and people working in the tourism sector who are crying out for domestic workers. People who come to work as au pairs do so out of choice. There is a clear difference between them and domestic workers.

The 1969 Council of Europe agreement on au pairs states that persons placed as au pairs belong neither to the student category or the work category but to a special category which has features of both and, therefore, it is useful to make appropriate arrangements for same. We are 47 years further on as a country but we have not done so. We, as a party, have brought forward legislation to deal with that and it is a genuine attempt at a fair, reasonable and proportionate response to the current situation. It behoves all Members to at least support the Second Stage reading and allow the Bill to pass through to Committee Stage. If amendments and improvements can be made, we will be open to that.

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