Seanad debates

Wednesday, 12 March 2008

Protection of Employees (Agency Workers)

 

7:00 pm

Photo of Alan KellyAlan Kelly (Labour)

That is the reality of the situation and if the vote on this legislation is not successful, that is the message that should go out to all and sundry. That is the truth and I will stand over it.

It is a bit rich of Senator Callely to state that no Government wants to see the proliferation of agency workers to become the norm when this Government has facilitated it. It has done so over recent years as the economy has changed and it continues to facilitate it by its refusal to act.

Concerns were expressed by Senator Callely and others about the six-week period. We in the Labour Party believe this is an adequate period and we stand over it. We believe the terms workers would receive under this legislation are correct and it is the most proper timeframe that should be put in place.

We also must look at the suggestion that has been made that social partnership should deal with this. What happens if the next round of social partnership fails, which will be the case if this issue is not dealt with and if Mr. Jack O'Connor, whose bona fides I can state safely I accept 100%, is being true to his word? The time to legislate is now. We are the sovereign Parliament. If we are not going to legislate for this, we cannot expect social partnership to deal with it. That simply is not the way this should work.

As Senator O'Toole stated in his excellent contribution, this Bill is a simple one. It is about giving agency workers equal rights across a range of entitlements, including pay, holidays and sick pay. There is a sizeable list. It is not complex or premature. It is, as others stated previously, a matter of equal pay for equal work done by two people working side by side in the same organisation or in comparable organisations. It is not complex and it is certainly not premature.

We need to avoid the horror stories, which Members from all sides of the House know and of which they have spoken in this Chamber, such as Irish Ferries or Gama. This Bill will protect not just agency workers but all employees, permanent and agency. It will help stop the rush to the bottom in standards which we are seeing. The Bill deals with exploitation and displacement and with the possible growth of xenophobia. This is important because these problems arise in the absence of this kind of legislation. The Bill also helps to build society's values. We should know this, because of the good experience of many of our diaspora and their treatment while working abroad. It seems we are expected to treat people differently here. That is not on and we should not be countenanced.

We heard from Senator Carty and others that we need flexibility in the workforce. This is a bogus argument which encourages the bypassing of permanent workers. It discourages training, skill development and the continuation of employment, and means de facto that we do not intend to invest in people, which is not good for the economy or employees.

I have been in the House nine months and have a track record on raising the issue of workers' rights. On many occasions I have heard the Leader say that all workers are entitled to an honest day's pay. I agree. It is time to put up or shut up. The time for rhetoric is over. I accept that Senator de BĂșrca fully agrees with what is proposed in the Bill. Unfortunately, she will sleepwalk through the "No" lobby, just like everyone else on the Government side of the House, even though she agrees with us, and not just in spirit.

Tonight, the Labour Party is following in the tradition of Connolly, Larkin and Johnson. It asks Members to give agency workers their dignity and to protect them and invest in their future and that of the economy. The Bill is a distinguishing Bill for the Labour Party. Over a long period of time I have heard Members of the main Government party say theirs is the party that looks after workers and deals with the working class. They say theirs is the party that has the fundamental needs of these people at heart. The reality is the Labour Party is the party that looks after these people. This Bill proves it and I ask Members to support it.

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