Seanad debates

Thursday, 29 September 2005

Employees (Provision of Information and Consultation) Bill 2005: Second Stage.

 

12:00 pm

Photo of Mary O'RourkeMary O'Rourke (Fianna Fail)

I welcome the Minister to discuss this Bill, which is part of the social fabric, being the translation into legislation of an EU directive. I am glad it is the subject of primary legislation, because ministerial orders do not have the same effect. The law is the law and people have more respect for legislation. When I was in the Minister's job there was an ongoing struggle between the mandarins in the main Department and me on Adelaide Road as to what was to be translated into legislation and what was to be translated into a statutory instrument.

Some things do not change. I hope the nice ministerial office is still there. The nicest ministerial office in Dublin is on Adelaide Road.

I am very pleased with the Bill but I accept what Senator McDowell has said in that it is limited in its scope. There has been so much comment in recent times on competitiveness that we are in danger of throwing out the baby with the bathwater. Competitiveness has become the new God, and anything impeding it is disbanded or put to one side. I have noticed this in a creeping fashion in many comments in newspapers and journals. We should beware of going too much to the other side.

Consultation is important, but the manner in which this consultation is triggered and information is dispersed appears unwieldy. It will not be a sharp enough process to deal with emerging situations, and it may not be sharp enough to deal with real situations as they develop. In preparing such legislation there is a series of meetings with IBEC and ICTU and other interested parties who give their points of view. It is part of the ongoing debate on the relevant EU directive.

Senator McDowell is correct in pointing out that Germany was the powerhouse of Europe for a long time, although it is no longer so. It has not quite experienced negative growth, as I understand that for the past few years, under Chancellor Schröder, growth averaged 0.5% per annum. I noted a letter in a newspaper stating that the Chancellor's name rhymed with "murder". Angela Merkel was to be the great new goddess who would bring in a regime of sharpness and competitiveness. She has received her answer and Mr. Schröder has stated that he will not leave his office. He is intimating that he won Germany's election even though he did not. Both party leaders have been called to order by the election results.

There are now 70 proposed directives in Europe. The President of the European Commission has swept these aside and they will be red-taped. Every so often, Ministers in regimes across Europe state intentions to deregulate because a heavy burden is being placed on small industries, for example. However, if the European ideal of social partnership and cohesion is to be kept up, measures that were decreed necessary should be put into action. Commissioner José Manuel Barroso would find the leap to be a dynamic one for competition.

On the Order of Business this morning, the Irish Ferries debacle was discussed. I am delighted at the Taoiseach's words yesterday in the Dáil on the manner in which the issue of redundancy is used as a tool. This case is not about redundancy, as when redundancy is offered, terms and conditions exist for such an offer. It is clear that the terms in this case are being used in a perverse fashion. If money is offered to workers it is no fault of theirs if they take it. The workers may be in a financial bind or big events may be imminent that must be funded. I do not know how true is the potential take-up figure of 70%, but people will nonetheless be inclined to take the offer. However, there is something perverse and basically wrong in replacing these workers with others from within Europe at half the cost.

According to television reports, Irish Ferries did not enter implementation talks in Government Buildings but sent in IBEC on its behalf. I do not know why the company did not partake to defend itself. There is something rotten about the company's behaviour in what it is trying to do and the way it is going about it. The company is treating workers, from this country and other eastern European countries, as pawns in a major competitive game in which it is involved. If the company cannot endure decent behaviour and treatment of workers, it should shut up shop. It cannot continue as a business by relying on a perverse use of redundancy and denuding workers of basicrights.

This is not radical, as employers and employees treat each other with respect here. I am surprised that Irish Ferries took this route to get its way and I hope it does not succeed. Employees in another country cannot be blamed for wishing to take up jobs. Therefore, workers on both sides are ciphers in a game being played out that should not be allowed in Ireland. The head of the European Central Bank, Mr. Trichet, has stated that Ireland is the best performing economy in Europe. If it is, this sidestep by Irish Ferries is not the way to go if the country wishes to further worship the God of competition.

I am glad to use this debate to express these issues. Consultation is important, but the manner in which the consultation process is triggered and the way information is distributed seems convoluted and clumsy. The Bill builds on earlier legislation and directives, but perhaps it could be made clearer and more definite. When I meet people from other countries who ask what has made Ireland a country with a strong economy, I reply that two things have done so, namely education and social partnership. They are my two pillars.

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