Derek McDowell (Labour)

We discussed this briefly at the end of the debate last week on Second Stage and the Minister told me at that stage that it was intended to deal with the position of temporary agency workers at a later stage. However, we have since discovered that in so far as it may be intended by the European Union to deal with it, we in this country are doing our level best to ensure that they do not, or at least not in a fashion which would be satisfactory to Senator O'Toole and me.

There is an increasing number of people who are working with employment agencies or for whom employment is basically arranged by an employment agency. Most of them, although not all, are non-nationals and there are increasing reports that many of these people, who are quite vulnerable, are being abused, that their conditions of employment are not up to scratch and that, far from getting the protection which this Bill affords other employees, they are not even getting their basic rights. This is simply not satisfactory.

It requires more than legislation to guarantee that workers will not be exploited. Legislation does a certain amount to rebalance rights and the power of workers and employers. In some circumstances, employees who may be entitled to take a job in another place of employment because they have the necessary qualifications and are well settled in a place can ask to be included in a pension scheme.

Those who come here from southern Africa, for example, do not know the scene and may well not be aware of their rights. They may not speak English and may work exclusively for employment agencies which organise their work permits. They are in a vulnerable position and number many thousands. This Bill will offer them some protection. It seems that the Minister of State does not intend to extend protection to them by way of the Bill and it is disappointing that he and his colleagues are in Brussels busily consorting with the right wing conservative governments of several countries to frustrate any effort to protect them. He will have a hard job persuading me or others that is something we should do. This is being done in the name of flexibility and that it is in the interest of workers to be employed for a short period to enable them to be trained or settled and that they should then move on. This ignores the nature of the relationship between employer and short-term temporary employment agency workers – a David and Goliath relationship. The rights of workers must be enshrined in legislation. As one step in that direction, I ask the Minister of State to accede to the amendments in my name and that of Senator O'Toole.