Dáil debates

Tuesday, 16 May 2017

Ceisteanna - Questions (Resumed) - Priority Questions

Employment Rights

5:20 pm

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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50. To ask the Minister for Jobs, Enterprise and Innovation when in 2017 the heads of a Bill regarding protections for workers on insecure, low-hour contracts will be published; and if she will make a statement on the matter. [22988/17]

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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When in 2017 will the heads of a bill regarding protections for workers on insecure or low-hour contracts be published? The Department issues a statement outlining five areas it intends to address. I would like more detail on this.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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On 2 May, the Government approved draft legislative proposals as a response to the programme for Government commitment to address the problems caused by the increased casualisation of work and to strengthen the regulation of precarious work. The draft legislation was referred to the Office of the Attorney General on 4 May for priority drafting.

The proposals aim to address a number of key issues which have been identified as being areas where current employment rights legislation can be strengthened. They will benefit employees, particularly low-paid and more vulnerable employees, without imposing unnecessarily onerous burdens on employers and businesses. 

The proposals are the result of extensive consultations. These include a public consultation by my Department following the University of Limerick, UL, study on zero-hour and low-hour contracts, as well as a detailed dialogue process with ICTU and IBEC over several months.

I am referring the draft legislation to the Oireachtas Joint Committee on Jobs, Enterprise and Innovation for it to consider and determine if it wishes to engage in pre-legislative scrutiny of it.  The Deputy is a member of the committee. As the Bill has been referred for priority drafting, I envisage that it will be published at an early date once the drafting process is finished.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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The House will be united in seeking to pass legislation that will deal with the issue of low-hour contracts and precarious work practices because this issue affects many vulnerable workers. We have engaged in a series of hearings at the joint committee over the past number of months. This issue is also in the confidence and supply agreement between Fianna Fáil and Fine Gael to underpin the minority Government. It is almost 12 months later and the legislation to be offered by the Government is only being drafted now having been referred to the Attorney General on 4 May. The sense from the Government is that there is not a degree of urgency about this. The Minister of State said the legislation will be published as a matter of priority. Could he be more definitive regarding a date? We are dealing with the issue before the committee now and it would be a sensible and constructive use of parliamentary time to make the legislation available to the committee while it is conducting this exercise and not having to extend the time that will have to be invested in the issue. It is dragging on. The Government has the benefit of the Attorney General and the entire Civil Service apparatus to draft the legislation while we work with the various stakeholders. Could the Minister of State be clearer about when we will see the legislation?

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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This is a complex issue and it is not straightforward. This all originated from the UL study commissioned by the previous Government. This was an independent study which was not part of Government policy. It was, however, an important study because we based our talks on it. There was a consultation period during which we received 48 submissions. They were useful and we then had discussions with ICTU and IBEC between September and March. Each was representing its own people. The talks were complex and challenging but we eventually came up with legislation and an agreement.

I think the Deputy is aware of what is in the legislation as well.

I cannot give the Deputy an exact date but as I said to him here and in an earlier submission, this is being treated as a priority. I hope at some stage to go before the Joint Committee on Jobs, Enterprise and Innovation to look at our legislation, because the previous legislation that was agreed here by the Oireachtas will be coming up in July as well. It will be treated as a priority. I will let Deputy Collins know as soon as I have a date.

5:30 pm

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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We need to have it as soon as possible. That is what I am trying to impress upon the Minister of State. It would be helpful if he could give us a definitive date, but he may not be able to do it now. Could the Minister of State circulate the heads of Bill? I asked this through the Joint Committee on Jobs, Enterprise and Innovation as well. Could the Minister of State circulate the heads of Bill, if available, to each of the members of the committee? He has correctly said that it is a complex piece of legislation to get right. It is and a balance has to be struck, but there are always vulnerable workers who are effectively being exploited, and they cannot plan a normal life because of the precarious working situations in which they find themselves.

Deputy Quinlivan and other members of the committee have heard the input from big business representatives. We heard the response from representatives of big business when the Government's proposals were published. They are capable of taking care of themselves. As well as the priority of looking after the vulnerable worker, we have to strike the correct balance for the small businessperson or employer. Many of these precarious practices are going on under the larger employers, who are able to take care of themselves. We want to get that balance right, but the sooner we have everything on the table the better it will be and the more helpful for us all.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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There was a broad welcome for the proposals that were agreed. As the Deputy rightly pointed out, this is very complex. One is dealing with ICTU and Ibec, and this is where we had to draw a balance in the middle. We wanted to ensure that we protected low-paid workers. This is what the legislation was all about. It was not about anybody else. It was about vulnerable workers and low-paid workers. At the same time, we need to be conscious of the employers and the jobs which they are providing. This is why a delicate balance had to be struck. I believe that the legislation we are proposing now strikes the right balance that will ensure that low-paid workers will be protected and that we eliminate zero-hour contracts. We know that there were not too many zero-hour contracts in the country but nevertheless we are providing for this in the legislation. There is other important legislation, particularly on employees getting information when they start employment with a company.

We are proposing four legislative measures. I will try to get the Deputy the heads of Bill when they are proposed. It is important that we all work together on this to ensure that low-paid workers are protected, and at the same time we will strike the right balance so we are not putting employers under pressure as well.