Seanad debates

Tuesday, 7 April 2009

Employment Rights

 

3:00 pm

Photo of Fidelma Healy EamesFidelma Healy Eames (Fine Gael)

I raise this matter to ask the Minister to explain the status of a self-appointed limited company in the electrical business — EPACE, with PACE referring to pensions and conditions electrical — and to query its right to see electrical contractors' books and refer them to the Labour Court under the guise of a registered employment agreement. My questions relate to the proposed Employment Law Compliance Bill. I will give a brief outline of what has been happening within the electrical contracting sector in recent years. It has been brought to my attention by electrical contractors in Galway city and county.

A company called EPACE, pensions and conditions electrical, was formed in 2007 to monitor rates of pay and conditions for electricians. This is a private limited company with some of the directors also being trade union officials of the TEEU, the Technical Engineering and Electrical Union. It is allegedly funded out of the union contributions paid by electricians, apparently without their knowledge or consent. The company without any mandate or statutory right has been hounding contractors in Galway city and county to allow office inspections by its staff to examine records of all electricians and apprentices relative to a registered employment agreement, of which the majority of contractors are only now becoming aware.

While most of the smaller electrical contractors are really struggling at present and finding it impossible to get paid for work done, EPACE appears to have a very healthy bank balance of allegedly €800,000 and its constitution provides that it may pay to its management and directors whatever gratuity payments it wishes. What type of behaviour is this? It appears to be more jobs for the boys. I am aware of an electrical contractor who has been deeply affected by the EPACE company. He told me: "I received advice not to allow this private limited company access to our books. I now find myself hauled before the Labour Court as this company, through the union, passed on information about us. This is all I need at a time when I am struggling to meet wages bills, not to mention suppliers' bills."

At present, it appears that the Government is about to hand over statutory power to these people to govern the industry when there is already another body in place, the National Employment Rights Authority, NERA. Why is another monitoring body required? It is also worth noting that in recent years a huge amount of the larger contracts were awarded to Northern Ireland contractors as the registered employment agreement does not apply to them.

What is the status of EPACE? What rights does it have and is the Government supporting its intervention in this manner? It is having a hugely negative impact on businesses. Does it have the right to see electrical contractors' books and to refer them to the Labour Court under the guise of a registered employment agreement?

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