Paul Bradford (Fine Gael)

I welcome the Minister of State. I am a substitute for my colleague, Senator John Paul Phelan, Fine Gael spokesperson in this area. While I am not sure my views will fully reflect his thoughts on the directive, I am glad to have the opportunity to say a few words on it. Its transposition will be the subject of legislation and this is probably the preamble to the debate we will have when it is introduced. That is welcome because it is not the norm to have an opportunity to receive an overview in advance of the introduction of legislation. This is helpful and perhaps we could learn from it in the case of other legislation. It would be helpful to have an opportunity to receive an overview of legislation some months in advance in order that the Minister in question could take on board the views and concerns of the Opposition. There is unanimity on what the Minister of State stated and I presume that when the legislation is brought before us for approval, it will be supported by all sides of the House, although we do not know on which side of the House each will be at that stage.

The forthcoming legislation stems from an EU directive. During the Lisbon treaty debate last year some claimed workers' rights were being threatened by the European Union, but we focused on the fact that they had, in fact, been much enhanced since Ireland joined what was then the EEC in 1973. In this directive we have an example of a framework from Brussels which, when put in place, will be to the benefit of agency workers. However, we are now in a place where jobs must be the focus of everything. Bill Clinton coined the phrase, "It's the economy, stupid," but now it must be, "It's job, jobs, jobs, stupid." Everything we do must be aimed at restoring the country to economic well-being and while we may use a variety of measures, the focus must be on the retention and creation of jobs.

The concept of agency work is not ideal. In an ideal world the majority who hold agency jobs would have longer term and more secure work. I was interested to hear that there were approximately 40,000 agency workers in Ireland, who come from here, there and everywhere. They do valuable work, contribute to the economy, generate economic activity and comprise a significant group.

The directive came into being in 2008, but there have been significant economic gales throughout the continent of Europe since bringing with them, unfortunately, negative consequences for its economies and Ireland, in particular. Therefore, when we discuss new rules, regulations and obligations to be imposed on employers, we must ensure none of them will create difficulties in job creation, even if a job is to last for only one day, one week or one month. I mentioned that it would be ideal if agency workers could be provided with full-time jobs, although agency work hours suit a number of people.

When the Minister of State and his colleagues are preparing the legislation, they must be conscious that the country, the Continent and the world are very different from what they were in 2008. We must ensure whatever measures and restrictions are put in place through legislation do not impinge on short, medium or long-term employment prospects in this country. I support the Minister of State's view that agency workers need the maximum protection and their entitlement to benefits should be applicable. That said, we must be a little cautious that further bureaucratic barriers are not raised to employment creation. Flexibility will always be required in the labour force, especially during an economic downturn. I am sure the Minister of State's colleagues are examining the minimum wage, for example. All measures need to be examined in the context of our current economic plight and the need to put in place those measures which could generate economic activity while removing those which might be a barrier to job creation.

I noted the Minister of State referred to the possibility of a framework or regulation for agency workers' pension rights and entitlements. Everyone is entitled to a pension. It is not just in the area of pensions for agency workers that we need a strong and vigorous national debate. The whole pensions industry, which is somewhat a misnomer, whether contributory, general social welfare or industry-based, and the payment of pensions is very much up for debate. The agency workers' element will be a small piece of the larger jigsaw. We will need new and radical thinking for pension entitlements, provision and funding.

The Minister of State said the "framework agreement under the terms of the directive are within the gift of the social partners" which is a throwback to the Celtic tiger. The House often debated how the social partners were taking over many of the roles which should have been pursued by politicians. This now may be one of the remaining powers the social partners will have. Perhaps too much was in the gift of the social partners and not enough in the control of the elected Members of both Houses. We have been left where we are as a result of some decisions too far removed from the political process.

The Minister compared the Irish figures with those in the UK. While we do not have to follow the UK's lead, it does seem to have taken a reasonable and balanced approach to this directive.

The legislation on temporary agency work will be before the House soon and I presume my party's spokesperson will be back in full action then to assist in its passage. It must be recognised that agency workers play an important role in the economy. I am glad the Minister of State pointed out they have strong rights under Irish law. Several high profile cases highlighted nationally have presented a false impression that agency workers are discriminated against or treated unfairly. The majority of agency workers are treated well by their employers. We must have space in the economy for this type of flexible work. It is only a question of ensuring the regulations are in place to ensure fairness and common sense apply. I wish the Minister of State well in his work in this regard. I look forward to publication of the legislation which I am sure will receive all-party support.

The directive is based on the broader spirit of European social thinking of bringing a balance and fairness to employer-employee relations. One can contrast European thinking on this matter with that of China, the US and India. There is a concern that their economies are booming because of a less regulated and regimented approach to this area. We are where we are, however. Ireland is very much part of Europe. Since the formation of the European Economic Community, Europe has ensured fair and balanced relationships between employer and employee in which rights and responsibilities are at one. When we are putting the finer detail to the legislation, we must ensure employment creation, even for short-term jobs, is protected. Job creation and economic activity will turn the country around, an idea that must be central to our political thinking.