Seanad debates

Wednesday, 5 October 2005

Employment Rights.

 

6:00 pm

Tom Morrissey (Progressive Democrats)

I appreciate the opportunity to raise one of the most important issues facing our economy which also challenges our sense of social justice. This is about protecting workers, Irish and foreign, and about protecting families, our economy and our sense of social fairness. I refer to the current crisis at Irish Ferries. I can hardly overstate my concern and that of the Progressive Democrats at claims of sharp business practices at Irish Ferries. The idea that a profitable company can decide to force workers to choose between redundancy or poorer conditions without even the perception of fairness is totally unacceptable. I have raised the matter on the Adjournment to allow the Minister for State to outline the implications of the recent crisis for labour force protection and relevant national and European legislation.

It is crucial that we keep repeating the message that we are disgusted by alleged moves at Irish Ferries, or any company, to replace workers under the guise of dubious tactics. I understand that the Department of Enterprise, Trade and Employment received legal advice at the end of June last year regarding the applicability of Irish terms and conditions of employment aboard ships, both in respect of Irish-registered vessels and foreign-registered vessels.

With regard to foreign-registered vessels, legal advice received appears to suggest that if terms and conditions of employment issues arise on foreign-registered ships, they are a matter for the flag state in accordance with international maritime law and practice. I am asking for clarification on this matter from the Department and an update on an EU directive on manning conditions for regular passenger and ferry services operating between member states drafted in April 1998, the so-called ferries directive. It is unacceptable that workers, Irish or otherwise, can be abused with impunity because of a the use of what is termed a "flag of convenience". That must stop.

The implications are far broader than might first be obvious. On the one hand we have the work and service of Irish people being completely undermined. They are being treated on a take it or leave it approach. On the other hand, workers from other countries, who are in less fortunate economic circumstances, are being asked to work in the same jobs for around half the Irish minimum wage, at €3.60 an hour.

I have heard, as have many, the Irish Ferries rebuttal, and I say to the company only that the minimum wage is exactly that — the minimum. I am concerned for the welfare of Irish and foreign workers alike. In the media in recent days I have heard the Progressive Democrats being described by those on the political left as encouraging some sort of economic race to the bottom. It would be laughable were the situation not so serious. The Progressive Democrats support competition as the best way of driving efficiencies in the economy. This is a policy that has seen approximately 400,000 more people at work now than in 1997. At the same time we have reviewed and tightened provisions for the protection of workers. No other Government has done more to guard workers from inappropriate employer practices, and I hope we will continue in that manner.

I ask the Minister of State to outline the implications of, and lessons from, the recent crisis at Irish Ferries for labour force protection and relevant national and European legislation, including the future of the ferries directive. I also ask him to outline what further steps are planned to ensure that all workers, Irish and from overseas, have adequate protection from sharp labour practices, bullying and intimidation in the workplace. This is currently a ferries issue, a union issue and a social partnership issue but, most importantly, it is an issue of fairness and social justice. We must send a clear message from this House that we abhor sharp labour practices and will do all we can to prevent them and stamp them out.

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