Bríd Smith (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I move amendment No. 1:

To delete all words after “That” and substitute the following:

“Dáil Éireann:

notes that:— recent Workplace Relations Commission findings have not altered any legislation affecting those who work as Au Pairs in the State;

— while some current arrangements based on legitimate cultural exchange may be beneficial to families and students, the House should enact no Bill that could restrict the rights of workers to access the Workplace Relations Commission;

— 30 to 40 cases alleging gross overwork and exploitation of workers are pending at the Workplace Relations Commission and these workers have a right to have their cases heard and adjudicated on; and

— the childcare crisis in this State cannot and should not be resolved by legislation that seeks to restrict workers access to labour laws and existing protections;resolves to:— allow the Workplace Relations Commission continue to investigate and hear all such cases;

— value the work done by those in child minding and as domestic workers throughout the State;

— investigate the provision of affordable childcare for parents and all workers;

— adhere to the International Labour Organisation’s convention 189 on ‘Decent Work for Domestic Workers’; and

— to investigate the possible need for future regulations concerning cultural exchange students resident in domestic households; and declines to give a Second Reading to the Au Pair Placement Bill 2016.”

I recognise and accept that for many young people - it was certainly the case when I was young - au pairing was a means of travelling abroad to stay with a family and learn a language. It was an exciting time for young women, and as a young woman I had a good experience as an au pair in Germany where I worked with a wonderful family. I acknowledge the legitimate concerns some people have about possible changes which they fear may end the au pair experience for families and students who had a good experience of au pairing in the past.

There is, however, a much different experience involved in what is known as au pairing and staying with a host family. The purpose of the amendment is to change the reality of this experience. If the Bill is passed, the first consequence, intended or otherwise, would be to legitimise some of the worst examples of gross exploitation of workers, primarily migrant women who often lack the language skills to defend themselves. Many au pairs work for as little as €100 per week and, as Deputy Coppinger pointed out, when we use the word "work", we mean real work. The type of work done by women in the home is both physical and mental. Caring for young children, preparing food and cleaning a home are not light domestic duties but hard bloody work. The role of an au pair does not involve making the odd cup of coffee or preparing a meal here or there. It is demanding work which must be respected and treated as such.

The Migrant Rights Centre carried out an important and thorough study which revealed some startling facts. It found that 98% of respondents were women aged between 31 and 35 years. I was a good deal younger than that when I visited Germany as an au pair. The level of au pairing being done by women of this age indicates that au pairing is not, as many people believe, about young people having a bit of craic and learning a language.

I fundamentally agree with the view that the Bill would legitimise the abuse of workers by removing their right to access the Workplace Relations Commission, notwithstanding the weaknesses of that body. It would end the protection afforded to these workers under the law and remove protection against bullying. For this reason, we strongly oppose the legislation. Au pairs have a right to access the labour laws of the countries in which they reside. The Bill, if passed, would be a retrograde step.

It is interesting to note that Fianna Fáil proposed the Bill. We have received letters from teachers and other workers who point out that they rely on au pairs to provide child care. They are concerned that child care may become much more expensive. It is clear that what is needed is a proper system of affordable, subsidised child care that will meet the needs of women workers. Fianna Fáil, Fine Gael and the Labour Party have failed to provide such a system.

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