Seanad debates

Wednesday, 12 March 2008

Protection of Employees (Agency Workers)

 

6:00 pm

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)

Cuirim fáilte roimh an Aire Stáit, Deputy Conor Lenihan. The motion before the House is timely, given that we are in a period of economic uncertainty and there is a question mark over the competitiveness of the economy. I attended a SIPTU meeting recently in Cork which was very enlightening.

I commend the Labour Party on the Private Members' Bill. There are two issues to be considered, the regulation of the agencies and the protection of workers' rights and entitlements, including an end to exploitation. It is important we regulate and have appropriate legislation.

The Minister of State referred in his speech to social partnership. My information is that it is the preferred route of SIPTU to have legislation. Exploitation of workers has been mentioned. We all agree that we cannot tolerate exploitation any further. The Gama and Irish Ferries workers were mentioned and I agree with Senator Norris about the hospitality and catering industry where very few Irish people now are employed. I wonder about the rates of pay, the length of the working day demanded by employers and the conditions of service.

In many ways we are somewhat akin to Animal Farm: two legs good, four legs better. In this case some work was good, other work was better. We all know what happened to the animals in Animal Farm. I take issue with the fact that legislation on the Statute Book since 1971 is outdated and needs to be changed. I shall not argue back and forth about who is holding up what but we need to have the law in this area updated urgently. That 520 agencies operate in Ireland requires vigilance. Senator Norris referred to ten inspections in 2005 and six so far this year. That is wholly inadequate. How can workers be protected when we do not have an inspectorate that is coherent, cogent and working properly? The workers of this country built up the economy through social partnership. If we are to continue with social partnership, at its core must be the worker as the man or woman producing the output.

We face a significant issue regarding competitiveness and I would not like to see workers' entitlements lost during a transition period in the economy. I am a member of a trade union, the ASTI, and have been involved in education all my working life. I see the erosion of teachers' rights along with those of other workers in society. We need a Bill from the Government before the Oireachtas immediately. I take Senator de Búrca's comments on board but I must emphasise that one cannot be critical on one level in this House as an agent of Government. This is not a talking shop. We are legislators and it is our duty to stand up for the people we represent. I challenge Senators de Búrca, Callely and Carty on the legislation. Let us bring it in and enhance the protection of workers.

The process of a labour inspectorate is slow and cumbersome. It needs to be fully resourced and the number of inspectors increased as a matter of course. I agree with Senator Donohoe that we have an issue with permanent and temporary agency workers and their pay. I would like to see that debate expanded because I am not entirely convinced about the norms pertaining to length of time, payment and experience where temporary agency workers are concerned.

I will not attempt to replicate Senator Alex White's criticisms of the Minister of State's speech, but the Minister of State said the emergence of agency workers' terms of employment as the norm should not be the way. None of us wants to see that. Like Senator Alex White, I seriously question whether we are being dictated to by the foreign direct investment sector. Are we being told that because these companies demand flexibility, no unions, lower pay and other conditions, there is no argument? Is that what we are saying at one level? If so, it is a poor day and the Minister of State should go back and read de Valera's writings and pronouncements, which are quite different in tenor to what the Minister of State appears to be saying. I look forward to clarification in that regard.

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