Lisa Chambers (Mayo, Fianna Fail) | Oireachtas source

I very much welcome this Bill which is very much needed in order to bring legal clarity to the au pair exchange programme in Ireland. We have been in limbo since the WRC ruling in March of this year, which states that the host-au pair relationship is the same as that of an employer and employee and which does not accurately reflect the reality of the au pair exchange programme or the intention of both the au pair and the host family.

The reality is that this is a unique relationship that Ireland has participated in for many years and while the host family gets assistance with child care and housework, the au pair is very much part of the family and gets food and lodgings and an opportunity to learn or improve their English. It is a cultural exchange where both sides to that exchange benefit enormously. Deputy Rabbitte spoke passionately about the assistance the arrangement gives families, in particular families living in rural communities who do not have the same level of access to and choice of child care facilities.

The fact that there is no definition of an au pair in Irish law is clearly not adequate and we as legislators have a responsibility to address this legislative deficiency on our Statute Book. This Bill addresses this in a clear, decisive and helpful way. It is important to note, as has already been mentioned, that there are approximately 20,000 families with au pairs in Ireland and I expect they will all very much welcome the clarity this Bill provides for their situation.

I note and take account of the concerns raised by different stakeholders and groups in and around discussing this Bill. Issues of au pair exploitation have arisen due to a lack of definition of what an au pair is, a lack of regulation around the au pair exchange programme and the lack a proper legal framework within which people can operate in this country. There is no doubt that abuse of people participating in au pair programme has occurred in the past , and I do not and never will condone this behaviour and neither does the Fianna Fáil Party. Au pairs deserve to be well looked after by host families and treated with dignity and respect. It is a great privilege to welcome someone else’s child into one's home and with that comes a great responsibility. I think most families treat their au pairs as they would want their own child treated if they went abroad on a similar exchange programme. It is important to note that those bad experiences and instances of abuse and neglect are the exception and not the norm and most families provide excellent care and hospitality to their au pairs.

The Bill seeks to crack down on less regulated elements of the au pair sector by requiring that both the au pair and host family sign a written agreement through an accredited au pair agency. The Bill also provides for setting up mechanisms for hearing complaints and resolving disputes on behalf of au pairs and host families. Those are all very welcome improvements to the current situation and go towards addressing the concerns raised.

If one makes someone an employee, it completely changes the relationship that an au pair has with their host family and we would be naive to think otherwise. We want host families to feel comfortable having someone in their home, interacting with their children and being part of the family. If an au pair is an employee and no longer a student or a young person participating on an exchange programme, there is no doubt that host families will feel nervous about this new arrangement and relationship and they will likely constantly worry about their legal position as unintended employers. Changing the relationship in this way will reduce the number of au pairs coming to Ireland and the number of families willing to take au pairs into their family home. That is something I do not want to see happen, nor, I am sure, do the majority of people in this country.

I am mindful of examples of some families that I have spoken to about this issue in my constituency of Mayo. One family in particular that would be friends of mine have had au pairs come into their home for a number of years and it has been a family arrangement. Those au pairs have been very much part of the family, have participated in family outings and events, have eaten meals at the family table and the family's children have seen them as part of the family. That is the relationship that we want to maintain. Some of those au pairs have come back to visit the family in question and the family has also travelled to the home country of au pairs to visit their families. It is that relationship we want to build upon, but if we change it into an employer-employee relationship, it damages all of that. It changes the relationship into something quite different and does not respect the unique relationship that exists under the arrangement. It does not go towards meeting the intention of the au pair and what they are seeking from that relationship and nor does it go towards meeting the intention of the host family.

In light of this I very much welcome the Bill and I am grateful for the opportunity to address the House in support of it, alongside my colleague, Deputy Rabbitte, our spokesperson on children and youth affairs, who put forward this legislation.

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