Dáil debates

Wednesday, 13 July 2016

Au Pair Placement Bill 2016: Second Stage [Private Members]

 

5:40 pm

Photo of Thomas PringleThomas Pringle (Donegal, Independent) | Oireachtas source

I am completely opposed to the Bill which has been put before us by Fianna Fáil. It is outdated and irrelevant, as well as degrading. It attempts to further erode the rights of workers. Au pairs are recognised as workers, but Fianna Fáil prefers to see them being classified in a subcategory of worker to justify the importation of cheap labour for domestic and child-care duties. It calls this form of exploitation a tradition and takes the view that providing for greater regulation of the sector is the solution. It is perpetuating two dominant myths, the first of which is that au pairs are young and inexperienced individuals from throughout the European Union, as if to suggest they do not deserve adequate pay. The second is that they come here as part of an education and cultural exchange programme. According to Migrant Rights Centre Ireland, only a small percentage of au pairs are under 21 years of age. Its casework to date reveals that the majority are older and highly educated, often with third level degrees obtained from universities in their home countries. Moreover, they are often experienced in a variety of professional fields, aside from child-minding qualifications.

The Bill also uses the flawed concept that there is a cultural exchange programme in place. There is no such programme. It is an outdated concept and there has not been such a programme in any real way since its heyday in the 1970s. Fianna Fáil may claim that there is a programme of this nature in place. The Bill will ensure a so-called cultural exchange will be used as an excuse to import cheap domestic and child-care labour. Tying an au pair to a cultural exchange programme, as opposed to the status of a domestic worker - this is what they deserve to be called - would only weaken the protection of au pair migrants in destination countries and bring about the following consequences. First, in respect of remuneration, the pocket money allocated would be below the minimum wage. Second, with regard to residency status, the temporary visa would be tied to the au pair contract. Third, the protection of the worker would be limited as the control of the employer or host family and the working environment would be beyond their reach.

I find it damning that Fianna Fáil has criticised the Workplace Relations Commission's ruling last March on payments to a Spanish au pair because it believes the arrangement should have been considered to be part of a cultural or educational exchange programme rather than work. Substandard illegal jobs continue to be advertised by au pair placement agencies. They fall well below the national minimum legal standards. These agencies are employment agencies within the meaning of the Employment Agency Act. As such, they should be required to hold a licence to carry on business.

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