Tony Killeen (Clare, Fianna Fail)

Or words I can understand. The key requirement is that the person under whose direction and control the person is working is obliged to provide the information and consultation, as is the case, for example, with Revenue and the Department of Social and Family Affairs. Who the employer is depends on what exactly has been agreed between the individual, the agency and the undertaking with regard to matters such as remuneration, performance of the work, discipline and dismissal.

What I want to ensure under this legislation is that in the event that all the other criteria are met, that either the employer at the place of employment or the agency is required to provide information and consultation under this legislation. The legal distinction that is made on these criteria is whether the person is working on a contract of service or for service. There is considerable case law in this area and this is already established practice. I am not in a position to elaborate further than this. We are at a fairly advanced stage with regard to updated temporary worker legislation. This may well be one of the areas amended or further elaborated on under that legislation.