Dáil debates
Tuesday, 28 February 2017
Competition (Amendment) Bill 2016 [Seanad]: Second Stage [Private Members]
9:00 pm
Maurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source
I welcome the Bill and particularly thank the Labour Party for bringing it forward. I also welcome the trade union members in the Visitors Gallery who have done a great job, with many progressive politicians, in running a concerted campaign for many years to build the case for justice and it is pretty clear. It is great that there was consensus in the Seanad, which was very significant. It seems there is also consensus in the Dáil, which is good.
For 14 years our colleagues have been suffering owing to a ruling under competition legislation, which was particularly significant. Esther Lynch of the European Trade Union Confederation wrote: "The Authority’s decision effectively turned the clock back almost 200 years to the era of the Combination Laws, which made it unlawful for workers to 'join together' to press their employer for shorter hours or more pay." The legislation had devastating consequences for workers across the sectors affected. The Arts Council investigated standards of living in the sector. Although the investigation took place some years ago, it is worth hearing the findings again because they really bring home the crisis in the sector. In 2010 it was found that just two in five professional artists spent all of their time working as artists because there was just not enough income for them to earn. One third often or always worked more than 55 hours a week. In other words, they had to do additional jobs to supplement their income. The figures from 2008 are still shocking. The average income in 2008 of a professional artist was just under €15,000, with half jof artists earning €8,000 or less. In many cases, we are talking about poverty wages. Therefore, this legislation is long overdue.
It is welcome that the Bill received cross-party support in the Seanad. I appreciate the quality of the Bill and let us hope it receives full support in the Dáil Chamber, as I assume it will. Let us send a united message from the Dáil that the issue must be addressed and that it is fundamental in terms of our respect for the dignity of people who make a huge contribution to our society. From time to time I see politicians trying to grab the limelight when artists do something wonderful. This is an opportunity for us to pay them back for the wonderful work they do. They have been waiting 14 years to have this wrong addressed. Let them not wait any longer.
It is important to recognise our obligations under the International Labour Organization, ILO, conventions. ILO convention No. 87 relates to freedom of association and the protection of the right to organise. It was ratified by the State in 1955 and reads: "Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation". It is implicit in the words "without distinction whatsoever" that no distinction can be drawn to exclude this right from workers who happen to be engaged under a contract to provide services, that is, self-employed. I understand the State will respond to the ILO in November. Would it not be wonderful if the Bill was passed by then in order that officials could attend the ILO and relate the good news that this wrong had been righted and that we were filly compliant with ILO rules? I remind the Chamber that we are speaking about the fundamental right to collective bargaining of very vulnerable workers. It is very important, whatever amendments the Government has in mind, that it keep centre-stage the fundamental right to collective bargaining of vulnerable workers. We should all be able to support it and see the legislation through the Chamber.
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