Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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7. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to the potential for blacklisting in industries in which there is widespread use of fixed-term contracts; and if she will make a statement on the matter. [15660/19]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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Another important area of abuse of worker rights is the abuse of fixed-term workers. Legislation governing fixed-term workers should demand that these workers are treated no less favourably than full-time workers. However, I have seen evidence and have received testimony from workers in the Irish film industry which shows that the provisions of the fixed-term work legislation is not being applied. Indeed, film producers who are receiving almost €100 million per year in public funding are essentially saying that the legislation does not apply to their industry.

I ask the Minister to confirm that the fixed-term work legislation applies to every single worker, including workers in the film industry. I also ask her to look into very serious and credible allegations of blacklisting of certain fixed-term workers by film producers in receipt of public money.

Regina Doherty (Meath East, Fine Gael)
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I am aware that Deputy Boyd Barrett knows this but I will read my Department's reply for the benefit of those who do not. A fixed-term employee means a person who has entered into a contract of employment where the end of the contract is determined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event. An employee continuously employed on fixed-term contracts for a period in excess of four years can claim a contract of indefinite duration. However, the Act does not apply in circumstances where an employee is not re-employed by an employer following completion of a fixed-term contract.

In the formulation and development of labour law, there was a clear focus on finding the appropriate balance between the security which employees require on the one hand and the flexibility required by employers on the other, in terms of organisation of work, particularly in situations where that work may be of a short or fixed duration.

The Protection of Employees (Fixed-Term Workers) Act 2003 is not discriminatory. It does not apply only to certain industries. It applies to every single industry in this country that uses fixed-term contracts. That legislation provides for the improvement of the quality of fixed-term work by ensuring the application of the principle of non-discrimination, that is, that fixed-term workers cannot and will not be treated less favourably than comparable permanent workers. The Act also provides for the removal of discrimination against fixed-term workers where such exists and the establishment of a framework to prevent abuse arising from the use of successive fixed-term employment contracts in order to suit employers. Deputy Boyd Barrett obviously has a specific case in mind, the details of which I am very keen to hear. He should note that where individuals believe they are being deprived of employment rights they may refer a complaint to the WRC where the matter can be dealt with by way of mediation or adjudication leading to a decision that is enforceable through the District Court. WRC inspectors can also be asked to investigate breaches of the legislation or complaints arising. Individuals can submit complaints online. The Deputy can submit complaints to me, on which I will be very happy to help. The Deputy suggested that he has examples of blacklisting which is absolutely against the law. It is not and will not be tolerated and I am happy to help the Deputy to deal with that.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I appreciate the Minister's response and will take her up on her offer of help for a particular group of workers. We have engaged with the Department of Finance which is, in fairness, responding with regard to certain issues including the question of public funding and linking that to the vindication of rights. This issue actually cuts across several Departments, including the Department of Employment Affairs and Social Protection. Essentially, film producers who are in receipt of a lot of public money are saying that the fixed-term work legislation does not apply to the film industry. They are saying that the film industry is exceptional.

I was in Ardmore Studios last week in the company of around 50 film workers. Some of them have had 50 fixed-term contracts with the same producer or with a series of producers but they have no rights. Some of them appeared before an Oireachtas Committee in January of last year and said that there were abuses of their rights and of the conditions attached to public funding in the film industry and not one of them has worked since then. This is absolutely outrageous. There is a notion abroad that the film industry is exceptional and that the normal rules do not apply to it. This needs to be investigated in a serious way.

Regina Doherty (Meath East, Fine Gael)
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I am quite sure that lots of industries and companies in this country believe they are exceptional but none of them is above the law.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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I very much appreciate that response and will contact the Minister to arrange a meeting. Many of the people to whom I refer have been working in the industry for ten, 15 or 20 years. Obviously, film work is episodic at some level but if workers point out that they are not receiving their rights and entitlements or if their employer simply does not like them, they stop getting work. I have met film industry workers including carpenters, painters, stage hands and so on who have worked in the industry for many years. Their work has just dried up. They have been displaced and have no rights. Their former employers are rejecting any claim that they have rights but these same employers are in receipt of significant public funding on an annual basis. This has to stop.

Regina Doherty (Meath East, Fine Gael)
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Again, nobody is above the law. I ask the Deputy to call me later and we will progress this. I am not happy to hear the Deputy's allegation that people have been blacklisted following an appearance before a Joint Oireachtas Committee and have not worked since then. We will take care of it.