Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 100: To ask the Minister for Enterprise, Trade and Employment the initiatives he intends to take to improve employment standards as requested by the Irish Congress of Trade Unions in the context of the renewal of social partnership; the progress or otherwise that is being made in the dispute between Irish Ferries and SIPTU; and if he will make a statement on the matter. [31861/05]

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Question 101: To ask the Minister for Enterprise, Trade and Employment, in view of the decisions of ICTU and SIPTU to defer entry to talks on a new social partnership agreement, the steps he has taken and the proposals he has formulated to address concerns regarding the protection of workers' jobs, pay and conditions of employment from displacement in favour of cheap labour involving the exploitation of non-national workers; and if he will make a statement on the matter. [31717/05]

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 100 and 101 together.

A comprehensive body of employment rights legislation is already in place. It has as its objectives the protection of employees against arbitrary behaviour by employers, provision for the safety and health of workers and to foster labour market harmony by promoting policies that minimise conflict and maximise fairness. While recognising the exceptional circumstances which have arisen in the maritime sector, it is important to remember that all labour law on the Statute Book applies to non-national workers working in this country in the same way as it applies to Irish workers. If a non-national worker feels he or she is being treated by his or her employer in a way which breaches any employee protection legislation, it would be open to him or her to refer a case for adjudication to a quasi-judicial body or person such as a rights commissioner, the Labour Court or the Employment Appeals Tribunal.

Following the announcement on 12 April last, 31 inspector posts are sanctioned for the labour inspectorate. This represents almost a doubling of the complement of inspectors in the past 12 months and is indicative of the Government's determination to ensure compliance with employment rights legislation.

Apart from strengthening staff resources, other initiatives are also under way. Arising from a commitment in Sustaining Progress and to assist in the preparation of proposals for consideration by Government, a discussion document was prepared by the labour inspectorate on its mandate and resourcing. The document covered the full range of issues that impact on the operation of the labour inspectorate, extending from the legislative framework through to operational aspects and staff development. It has been well received among the social partners and the parties are well advanced in their consideration of the proposals, of which there are in excess of 40. The objective is to formulate a set of recommendations for Government and it is intended that the process will feed into and complement any future partnership discussions.

On 24 May last, I announced a programme of action in response to the report and recommendations of the review group on the role and functions of the employment rights bodies and following consultations with the various interested parties. This included the establishment of an employment rights group, ERG, comprising representatives of my Department, the employment rights bodies and the social partners. The ERG is to consider how best to simplify and streamline the complaints, appeals and enforcement procedures and documentation across the various employment rights bodies. It will also examine the extent to which common procedures and a simplified approach to the conduct of hearings or investigations can be adopted, leading to procedural simplification and improved customer service. Its work should be completed by the end of next year.

The concerns expressed by the Irish Congress of Trade Unions and SIPTU to which the Deputy refers raise complex legal and policy issues. The Government is, however, committed to taking whatever steps are feasible, through legislation or otherwise, to develop in partnership with ICTU and employers a meaningful package in the area of enhanced employment standards generally. Those issues can best be advanced through dialogue in the context of the partnership process.

I understand that the Irish Ferries dispute has been referred to the Labour Court, an independent statutory body that acts independently in carrying out its functions. I have no function regarding the decision-making process of the court.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Will the Minister of State comment on the fact that, in the context of Irish Ferries changing its workforce in a very unorthodox fashion, the Taoiseach cast doubt in the House on the legality of its conducting its business in such a manner? Has the Taoiseach or the Minister of State checked the legality of the move by Irish Ferries to change its workforce from indigenous Irish to migrant labour? Is that now legal? If not, does the Minister of State intend to change the law to prevent the activity in question from proceeding?

The Minister of State said that approximately 40 issues relating to employment law and standards were being considered in the context of partnership. What is the Department's thinking on those issues, and will the Minister of State spare us from having to rely on people involved with the social partners to acquaint us of the issues under consideration? The democratic process of this House requires that he inform it of the 40 ideas that he has said are being considered.

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The Deputy has raised several issues. In the first instance, any legislation that might arise would clearly be a matter for the Department of Communications, Marine and Natural Resources. However, I had a meeting with the Minister of State at the Department, Deputy Gallagher, and subsequently with officials from it and the Department of Enterprise, Trade and Employment on these issues. As Deputy Hogan said, legal advice was sought on a range of issues.

The suggestions and recommendations made during Question Time a few weeks ago were pursued at European and other levels. No definite decisions have been made in that regard, but the matter is being followed up by the Department of Communications, Marine and Natural Resources. There have already been more than 40 recommendations which will be brought to the attention of the House at the appropriate time. Some of them concern resourcing and others additional legislation or amendments to existing laws. Some are fairly simple and others quite complex. They deal with the resourcing and mandate of the labour inspectorate.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

The Taoiseach wrote to the president of ICTU outlining his views on the protection of workers. That was found wanting and both the Irish Congress of Trade Unions and SIPTU have declined the invitation to participate in talks on a successor agreement to Sustaining Progress. Has there been any further communication from the Taoiseach to ICTU to clarify his position?

The Minister of State seems to believe that the Irish Ferries dispute is a unique aberration in this country's labour relations. Has the exchange of legal views between ICTU and the Departments that the Taoiseach told the House was taking place actually happened? What is the current legal situation? Does the position that the Taoiseach relayed to the House on 26 October, that it would be extremely difficult in Irish and international law to deal with the issue of re-flagging, remain the Government's view?

Regarding the Minister of State's reply that 31 labour inspectors have now been authorised, how many are in place? Does he believe that even if all 31 were in place, this would be adequate to monitor a workforce that has now exceeded 2 million?

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

Subsequent to the Taoiseach's letter to ICTU, the Minister for Enterprise, Trade and Employment, Deputy Martin, had meetings with SIPTU on 20 October. On the same afternoon, ICTU had a meeting with the Taoiseach on this and a number of other issues.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Were those meetings with the Taoiseach or the Minister, Deputy Martin?

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

Initially, the meetings on 20 October were between SIPTU and the Minister, Deputy Martin. On the same day, however, ICTU had a meeting with the Taoiseach on this and a range of other issues, though principally, perhaps, on this issue. Deputy Howlin is of the view that I consider the Irish Ferries case to be a unique aberration. It is fair to say that the set of circumstances apply to maritime law and the enforcement of Irish industrial legislation outside the jurisdiction. Members of the House are aware of the situation in that regard.

The Department has not received a notice of redundancy from Irish Ferries at this stage nor is there any indication that it will. The Taoiseach has indicated that the situation is extremely difficult as regards taking any of the actions stipulated, some of which were proposed in this House when the matter was discussed on a private notice question and some of which were raised subsequently. It continues to be extremely difficult. However, the Government is committed to ensuring that if any means can be found to address the crisis, it will take whatever action is available to it. At this stage it is not clear what effective action is available to the Government as regards the international maritime law.

Deputy Howlin asked about the number of inspectors. The announcement was made earlier in the year and subsequently the positions were advertised. There were not sufficient candidates on the first round of interviews. A second round of interviews was held and completed in the middle of October. I understand the positions will now be filled. The inspectors will have to be trained and that process will have to be undergone——

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

My question was about how many were in place.

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I will find out the exact information for the Deputy. I understand that some from the first round may already be in place. Those appointed from the second round have not been trained as yet. However, the process of short-listing and choosing the applicants has been completed.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

The matter does not appear to be that urgent given it is five or six weeks since the Taoiseach indicated that legal advice would be required. I am surprised the Minister of State has not got legal advice that he can impart to the House or indicated that the legal process has been completed. It does not seem to be urgent. It has placed the partnership talks under scrutiny and raised a doubt about the process itself because it has taken so long to get this legal advice.

Can the Minister of State make an assessment as to where matters stand as regards a new partnership agreement in the light of this dispute and the lack of clarity by the Taoiseach over the correspondence with the president of SIPTU? Does he believe the current partnership process should be reformed if a new national agreement is to be arrived at within the coming months?

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

The Taoiseach has informed the House of the up-to-date situation as regards legal advice. Legal advice has been sought across a range of issues including the implications for redundancy payments and international maritime law as well as those which might arise if flagging were to be undertaken either within or outside the EU. The Taoiseach has answered questions on all of these issues and there is no more up-to-date information available.

Deputy Hogan believes there is a doubt about the future of partnership. I assure him that the Government is entirely committed to ensuring that the partnership process continues and that every effort is being made to ensure that the next round gets under way as soon as possible. Notwithstanding that considerable difficulty has arisen, mainly from the Irish Ferries dispute, this has been addressed. The Taoiseach has met SIPTU. I am to meet the ICTU this afternoon as regards related issues and I am sure this matter will be raised at that stage, too. There is no lack of clarity on the Government position. It is entirely committed to the process of partnership. Should the issue of reform arise, I am sure this will need considerable debate. In the interim, a better model has not been presented by anybody. It is clearly in the interests of everybody in the State that every effort is made to ensure that the partnership process continues.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

I will pursue that matter again. The Taoiseach told the House on 26 October, that the Attorney General was looking at a legal way to address this issue. Will the Minister of State give the House a progress report on that? Given the degree of urgency which should be attached and which I thought the Government attached to this issue which is the foundation of our economy in terms of the social partnership model that has worked effectively for 18 years now, if the social partnership is under threat because of the actions of one sole rogue operating company, surely we should have a definitive view as to whether legal action is possible at this stage. What views, even in a preliminary way, has the Attorney General given to the Minister of State on this issue? What is the status of the commitment given by the Taoiseach to examine the Labour Party Bill, which has been examined by international lawyers and seems to be a workable solution?

Tony Killeen (Clare, Fianna Fail)
Link to this: Individually | In context

I am sure the Taoiseach will fulfil his commitment to examine the Labour Party Bill. The legal advice received since 26 October indicates there is no easy way to address the difficulties that have caused problems for ICTU in terms of participation in social partnership. There are clearly difficulties for the Government also. Most of the issues in question arise in the area of international maritime law in respect of which this country cannot unilaterally make changes. None of the legal advice indicates such a course of action is open to the Government.

I imparted to the House on a previous occasion the legal advice we received in regard to the redundancy situation. There has been no request from the company in question in terms of the redundancy scheme. Until such is received, it is impossible to be definitive in this regard.

Brendan Howlin (Wexford, Labour)
Link to this: Individually | In context

Will the Minister of State share the Attorney General's advice with the Opposition?

Séamus Pattison (Carlow-Kilkenny, Labour)
Link to this: Individually | In context

Question No. 102 is in the name of Deputy Eamon Ryan. As the Deputy is absent, the question cannot be taken.