Tony Killeen (Clare, Fianna Fail)

I welcome this opportunity to advise the House of certain recent and impending developments in the area of employment rights, to give Senators some idea of the types of issue being encountered and to suggest how the changing working environment gives rise to new challenges in the area of employment rights enforcement. I also want to set out how my Department is addressing these issues and what are our priorities as the new year approaches.

First, I suggest to Members that, as in so many other areas of public life, the availability of objective and comprehensive information is vital to an informed exchange of views. In the area of employment rights enforcement, objective assessments of what is at issue and of what is happening are set aside too frequently in favour of expressions of high profile indignation, based on partial information or second or third hand reports.

Members will agree that Departments should base their responses to complaints on solid evidence and factual information. In tackling abuses of employment rights of employees, be they Irish or from overseas, I suggest that a calm, rational approach, coupled with a determination to get to the heart of the matter is likely to be more effective than the well-meaning, but ill-informed statements which are sometimes made in the absence of hard information. Indeed, some claims made in the media turn out to have no substance when pursued by the relevant authorities and can cause resources to be diverted from real and pressing problems. I will now deal with a number of issues that were mentioned in recent exchanges in this House on the subject of employment rights.

Virtually everyone will be aware of the recent controversy regarding the group of Latvian periwinkle pickers who were taken from Colt Island, off the coast of north County Dublin by the Skerries lifeboat. This incident was well publicised and was the occasion of much public comment, both from the media and from groups who concern themselves with employment rights, with particular reference to the working conditions of workers who have come to this State from overseas.

I understand the facts are as follows. On Saturday, 5 November, the Skerries lifeboat was launched to investigate a report from a member of the public and found 13 people on Colt Island off the Skerries coast. After assessing the situation, the Skerries lifeboat brought the 13 individuals back to Skerries. The marine co-ordination centre, MRCC, in Dublin advised Skerries gardaí of the situation and requested that they meet the lifeboat on its return to Skerries, which was done. The lifeboat reported to the MRCC at 10.15 p.m. that they were back in Skerries and that all the people were now safely ashore.

The marine survey office of the Department of Communications, Marine and Natural Resources has been investigating the private craft used earlier in the day to transport the workers to and from the island in question. Any vessel carrying more than 13 passengers requires a passenger ship safety certificate, according to the Merchant Shipping Act 1992. If the vessel is used to make several trips carrying less than 12 people on each occasion to or from their place of work, it is then required to hold a passenger boat licence. If such a vessel does not hold a certificate or licence, its owner and master are deemed to be guilty of an offence.

The Department of Communications, Marine and Natural Resources has also initiated an investigation from the perspective of seafood production. A person who places live periwinkles on the market for human consumption must ensure that the periwinkles comply with specific standards laid down in EU Directive 91/492/EEC, which relate to the microbiological standards of the product and its general fitness for human consumption.

A Garda investigation into the incident has also been undertaken. The labour inspectorate of my Department has been in contact with relevant colleagues in the Garda Síochána, the Department of Communications, Marine and Natural Resources and the Health and Safety Authority. An inspector has interviewed the boat owner and two of the Latvian people who were gathering the shellfish. It has not been possible to establish any detail of an employment relationship and the Latvian interviewees made no complaint.

The Latvian Embassy has been contacted in the matter to ascertain whether it had received any complaints in connection with the incident. It appears that no complaints have been received. The embassy was assured that any complaints will be investigated and advised that in the event an employment relationship is established, the inspectorate will undertake a full inspection of relevant employment records and will pursue any non-compliance with legislation within its remit.

The Health and Safety Authority, which is responsible for the enforcement of the Safety, Health and Welfare at Work Act 2005 and other relevant worker protection legislation, has also liaised with the Garda on this matter and has investigated every possible avenue. However, concrete information has proved hard to obtain and it is difficult to make progress, especially when the main parties concerned are not contactable and have not submitted complaints.

I am aware there have been subsequent newspaper reports of an interview reportedly given to a Latvian newspaper by one of the group picked up by the lifeboat, who is said to have stated that the group in question were never in danger and never requested help. While investigations in this matter are not yet complete and further information may yet come to light, I invite Members to consider how the information now available compares with the serious and sweeping allegations made by various parties at the time. We should all be wary of being dogmatic in the absence of relevant information.

As for employment agencies, I understand that Members expressed concerns about the alleged activities of some employment agencies or recruitment companies. I can advise that section 20 of the Protection of Employees (Part-Time Work) Act 2001 provides that all employee protection legislation, including the National Minimum Wage Act 2000, applies to workers from overseas just as it applies to Irish workers. If Members have any specific information that workers from overseas are being paid less than the statutory minimum wage, or are being charged by employers for seeking employment for them, a practice which is unlawful under the Employment Agency Act 1971, they should pass this information to my Department, which will investigate the matter. This is also the most effective course of action if Members believe that specific employees have had moneys illegally withheld or otherwise deducted from their pay.

When dealing with the issue of employment agencies, it should be noted that the Employment Agency Act 1971 is under review. This is not surprising, given the length of time since its enactment and the significant changes in the economy over that period. In June 2005, my Department issued a policy paper as part of this review and invited submissions to be made by 15 July. A total of nine submissions was received. At present, my Department is examining the various matters raised by the respondents. It is my intention that, following further consultations with various interests and completion of the deliberative process, the heads of a Bill will be prepared and Government approval will be sought to have a Bill drafted by the Office of the Parliamentary Counsel to the Government. It is my intention that a Bill should be published in the first half of 2006.

As for employment rights compliance, the Government is acutely aware that the evolving labour market has brought new demands and challenges for those engaged in delivering employment rights information and the administration and enforcement of employment rights generally. The Government is also aware of certain abuses encountered in recent years and appreciates that there is public concern that some employers have been engaging in behaviour which, while not in itself illegal, would be considered exploitative by reasonable people. Therefore, it is opportune to outline to the Seanad a number of initiatives which are being undertaken at present and which focus specifically on the improvement of our employment rights framework, both in the short and medium term.

The employment rights compliance group consists of representatives of the social partners and several Departments. It is engaged in the consideration of some 40 proposals contained in the report on the mandate and resourcing of the labour inspectorate and seeks to establish the degree of consensus which exists in respect of those proposals as well as a couple of others made by the social partners. This group is working towards the formulation of a thoroughly revised model of employment rights enforcement that will see redress mechanisms streamlined and a level competitive environment for those employers who are fully compliant with employment rights legislation.

An independent review of the joint labour committees was completed recently. Arising from this review and following bilateral consultations with social partners and stakeholders, my Department is now preparing a paper that will be used as the basis for implementation of the review in further consultation with the social partners and stakeholders. Moreover, the expert group on bullying reported during the summer and its principal proposal was that legislation should be enacted. Consequently, I have sought the views of the social partners in that regard.

The employment rights review group comprises representatives of several Departments, the employment rights bodies and the social partners. It pursues the Government mandate to guide and drive the implementation of Government decisions on the role and functions of the employment rights bodies and to ensure the complexity of employment rights legislation does not impede understanding and compliance. The objectives of the exercise are to ensure streamlining of the roles of the employment rights bodies and simplification and consolidation of the corpus of employment rights legislation. It is to be expected that the work under way will feature in any forthcoming social partnership negotiations.

A major investment in education, particularly of migrant workers, and in the general dissemination of employment rights information is planned. This will consist of the strategic targeting of information at those who need it most. The delivery mechanisms and content will be formulated in consultation with social partners and others.

Employment rights compliance will be a feature in what may be the next round of social partnership and discussions with the social partners are well advanced, both in respect of the development of the legislative framework and the approach to adopt with regard to ensuring compliance. I am confident that an effective and more user-friendly structure will be achieved.

As Senators will note, the State is active in the area of employment rights protection and compliance. Much of what is being done is effectively the review and modernisation of the already large corpus of legislation which has been in place for some years. Irish legislation in this area mirrors the broader EU social protection framework. Critics sometimes speak as if there were no protection in place and as if employees in Ireland had no statutory rights and were at the mercy of a winner takes all economic system. This is not the case and the work of the Employment Appeals Tribunal, the rights commissioners, the Equality Tribunal and the civil courts will testify to this. I pay tribute to the people who work in these bodies for the constructive contribution they have made in their roles. The information and consultation legislation, which adds a new dimension to the rights of workers, recently came before the Seanad. I should mention the high-profile Gama case, in which a large amount of work was undertaken by the Department. Matters have been subsequently challenged in the courts and are awaiting determination at Supreme Court level.

The number of labour inspectors has recently been increased from 17 to 31. This will add significantly to the capacity of the Labour Inspectorate to ensure compliance with the law and to investigate complaints. We cannot expect to have an inspector at every street corner any more than we can expect to have a Garda presence on every rural road at 3 a.m. If the inspectorate is to deliver the kind of service demanded by society it needs the active support of that society. This means those in possession of information on breaches and denial of employment rights must share it with the inspectorate to enable an investigation and, where appropriate, a prosecution. A civil society alert to its responsibilities can make a significant contribution to the work of bodies, such as the Labour Inspectorate, and can help to improve the already high level of compliance with employer obligations.

I trust the developments I have outlined will help to inform Senators of the Government's approach in this area and will indicate improvements expected over the coming year. I will listen with interest to their contributions to this discussion.