Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

This is a historic Bill because it is the first Private Member's Bill to go through any House of the Oireachtas since the general election. I have described this Dáil as the "do-nothing Dáil" but the Minister for Jobs, Enterprise and Innovation, Deputy Mary Mitchell O'Connor, may be able to prove me wrong on this occasion and show that new politics will work. New politics has not worked well in other areas, but this is a Private Member's Bill which has come from an Opposition party. The Government has worked with our Senators and the indications are that it will be supported by all sides, apart from Deputy Mattie McGrath, who was not clear as to where he stood or if he even understood the Bill in the first place. He has completely forgotten that he supported the soldiers of destiny in the lead-up to the cut in the minimum wage but he cannot resist taking his current position. We are, however, very grateful for the support of all the other speakers so far.

The Bill builds on the good work Labour Party Senators did in this and the previous Seanad. It was first introduced by Senator Ivana Bacik and builds on the work Senator Gerald Nash has done in protecting and advancing workers' rights as Minister of State by increasing the minimum wage, protecting the right to bargain collectively and introducing registered employment agreements, among other things.

We should also acknowledge the work of the trade union movement with regard to this legislation and others on which we have worked with them. I single out Mr. Séamus Dooley of the National Union of Journalists, NUJ, in particular. I attended an event in his company in my constituency. At that stage, the NUJ was concerned that freelance journalists were in a precarious position. We have also worked with SIPTU and Equity on other workers in professions that are not secure such as session musicians, voice-over actors and other actors. There are many others also. One of the good things about this legislation is its flexibility which enables it to adapt to what is an ever-changing workplace.

Jim Larkin was mentioned. When he was fighting for workers rights at the foundation of the Labour Party, work was very different to today. We must, therefore, adapt to changes and protect workers in the current situation as well as in the future. The current labour scenario includes temporary contracts and bogus self-employment. The latter is particularly prevalent in the construction industry. These are all issues which we must deal with head-on. The Labour Party is proud to support the trade union movement on these matters.

When Senator Ivana Bacik spoke on Committee Stage in the Seanad, she described a situation that arose following the 2004 ruling of the Competition Authority, as it was then known. That applied a strict interpretation to the Competition Act. It judged that a collective agreement between Irish Equity and the Institute of Advertising Practitioners in Ireland was in breach of competition law. That agreement had set rates for voice-over actors. Senator Bacik explained the practical import of this matter. Until then it was accepted that, for example, unions could publish freelance fee guides. This was a particular issue in the arts and creative sectors, including acting, where unions such as Equity and the NUJ had long made agreements about minimum fee rates and a minimum floor of rights for freelance workers, many of whom were employees in all but name. The Senator also referred to people such as voice-over actors, session musicians and freelance journalists. On foot of the 2004 ruling, that sort of agreement, in setting a minimum floor of fees, was seen to be in breach of competition law. That is the basis upon which the difficult situation arose. There was the 2014 judgment of the European Court of Justice in a case to which reference has already been made. As a result of that judgment, I understand the Irish Congress of Trade Unions wrote to the Competition and Consumer Protection Commission asking it to reconsider the position the then Competition Authority took in 2004. While that did not happen, the judgment of the European Court of Justice paved the way for the Bill before the House. The 2014 judgment clarified that the Bill can be legally introduced.

I welcome the engagement of the Minister, Deputy Mary Mitchell O'Connor, both here and in the Seanad. She referred to the amendments she had moved in the Upper House. We acknowledge that to some extent they narrow the original intention of the Labour Party.

Despite welcoming Deputy Michael Harty's support, I think the Bill can incorporate his concerns in respect of doctors, pharmacists and dentists. The legislation is flexible in so far as new categories can be added. I hope, therefore, that Deputy Michael Harty's genuine concerns can be addressed because of that flexibility.

The Minister has specified the new schedule which exempts the three activities outlined in Towards 2016 - namely, actors engaged as voice-over actors, musicians engaged as session musicians and journalists engaged as freelance journalists - from section 4 of the Competition Act 2002. In other words, they are exempted from it. However, my understanding is that it can be adapted for the future.

We do not know what other situations will arise in future. We are aware of current examples, namely, those raised by Deputy Michael Harty and others. There is no doubt, however, that the world of work is changing hugely and we must be prepared to protect workers in what is becoming an increasingly unpredictable situation.

It is difficult enough for people whose parents brought them up to think that they will have a job for life, that they would go into a particular career and could rely on being there until reaching pensionable age and retiring happily. The reality for many people, however, is that that is not the world of work which currently exists. Therefore, workers need all the protections they can get. That is why we have put forward a series of proposals. When in government, we were able to implement legislation and regulations. In opposition, we are continuing that work. We are delighted that this is the first Private Members' Bill that has already gone through one House of the Oireachtas. The indications this evening are that it will move beyond Second Stage. I urge the Government and other parties to ensure we get this legislation into committee and entirely through this House. We can then ensure collectively that we will protect precarious workers. Many of us know and have met people who are in that situation. These workers deserve and need to be protected. In effect, they should be represented by trade unions and in collective bargaining. That is the intention of the Bill.

I am pleased to have been able to contribute to this debate. I am also pleased that the legislation has such strong support.

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