Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Like Deputy Cullinane, I acknowledge that the intentions behind this legislation are well meant, but while there may be a requirement to provide legislative clarity following last year's judgment, this Bill is not that legislation. We must recognise that au pairs provide a service, are workers and must consequently enjoy minimum working conditions, which we would all expect for ourselves were we migrant workers.

Is ceist cearta oibre atá i gceist anseo, agus caithfidh go mbeadh tosaíocht aige seo thar aon ní eile, cinnte thar an éilimh ag teaghlaigh ar cúram leanaí ar chostais iseal, b'fhéidir ar costas ró iseal. This is a child care issue. Deputy Funchion outlined how the exorbitant cost of child care is a major burden on families. However, it is also a workers' rights issue. We must ensure that the rights of these workers are protected and that this or any legislation introduced with the same intention does not allow other domestic workers to be undercut or any category of workers to have protections lesser than currently exist in the Industrial Relations Act 1990.

Tá lochtanna a bhaineann leis an tslí a bhaineann an reachtaíocht seo le scoláirí ó taobh amuigh den AE, le Visa Mac Léinn, mar shampla, os rud é go bhfuil uas mhéid am oibre de 20 uair an seachtain acu in ionad an 30 atá tagartha anseo. The MRCI, which has done a great deal of work in this area and lobbied us all. It states, "The proposed bill undermines the mandate and the expertise of the WRC, suggesting instead that resources be sunk into the establishment and running of an Au Pair Accreditation Council – a wholly unjustifiable cost to the taxpayer". It goes on to say that the introduction of such an au pair system would seriously undermine our legal commitments under the ILO Convention 189 Decent Work for Domestic Workers. The MRCI does important and valuable work. Through that work and the MRCI's campaigns, it should be clear to us all that there is considerable exploitation of migrant workers in Ireland. There are numerous examples, with the case of Muhammad Younis coming to mind immediately. A body of research shows that exploitation of migrant workers is not isolated to a few incidents.

This sector requires concise legislation that addresses all aspects and issues holistically rather than through a bit-part approach. Tá gá le reachtaíocht, is dócha, leis an staid reatha, tar éis a cás cúirt níos luaithe sa bhliain, a cheartú, ach ní hí seo an reachtaíocht. As has been pointed out by my colleagues, there appears to be a closed-minded view that au pairs come to Ireland to further their grasp of English as well as gain cultural experience. There is little acknowledgement of the work carried out by au pairs and the way in which that work contributes to families. Work is work and must be treated and paid as such. Remuneration at below the minimum wage is not something that we should encourage by any means. The current situation allows opportunities for those housing au pairs to avail of a cheap childminding service. We cannot allow the interests of families and agencies to trump that of the workers.

Aside from au pairs, there is a great deal of unregulated childminding, some of which is relatively benign, but some of which involves exploitation and childminders being paid less than the minimum wage. This affects migrant and non-migrant workers and is an issue to which the House should revert. Mar sin ní féidir linn tacú leis an reachtaíocht seo, os rud é go bhfuil imní orainn faoina himpleachtaí do oibrithe.

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