Seanad debates

Wednesday, 10 November 2010

EU Directive on Temporary Agency Work: Statements

 

4:00 am

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Calleary, and wish him continued success in his important Ministry and meeting the other responsibilities thrown on top of him. He has broad shoulders on which to carry them to achieve success on 25 November.

The directive was debated in 2008 and agreed in 2009 and is being implemented as fast as possible in the House. However, introducing legislation to implement European directives takes time. Although times are difficult, the Government's introduction of the legislation is appropriate and welcome. I also welcome the opportunity to speak on this important topic.

The directive aims to ensure the protection of temporary agency workers by ensuring the principle of equal treatment is applied across the board. It will enshrine in EU and Irish law the principle that the basic employment conditions of temporary agency workers are the same as if they were directly recruited by the company. For too long, certain recruitment and agency worker companies treated workers poorly.

I draw to the attention of Members some of the provisions of Article 6 of the directive. It states: "Temporary agency workers shall be informed of any vacant posts in the user undertaking to give them the same opportunity as other workers in that undertaking to find permanent employment". During the years I have heard of people being employed as temporary agency workers, staying in that role for three or four months and not being informed of a permanent position. It does not make sense for a company to invest in a staff member and then not to make use of his or her knowledge and skill set in filling a permanent position.

Another important provision of the directive provides for equal treatment for agency workers in actions taken to combat discrimination on the grounds of sex, race, ethnic origin, religion, beliefs, disability, age and sexual orientation. I know of many young mothers who find returning to the workplace difficult. Child care is a significant issue and I am delighted the directive addresses a major inequality in the provision of child care services by companies. Companies must offer the same provisions to agency workers as to full-time staff. This is a fantastic change that will be of major benefit to mothers throughout Europe.

The directive has the capacity to slow the race to the bottom in terms of workers' rights. Harmonising workers' rights laws across the European Union will help to prevent unfair competition between member states known as social dumping. The directive will ensure a higher standard of living and better quality of life for employees and more efficient, productive and happier workers for employers.

It is right that Ireland is introducing this legislation. Irish workers have travelled the length and breadth of the world to obtain employment, including Britain and the United States of America. While conditions have improved dramatically, Irish workers in England were not always treated well. Most of the money earned was repatriated to Ireland. Many Irish people who are entitled to claim social benefits in Britain have not applied to avail of them. When they applied for their old age contributory or non-contributory pension, they were asked for their social security number in Britain. Some ignored this request, believing it would not be of benefit, if applying for a contributory pension in particular. However, it has come to my attention that numerous people already benefit, having applied directly to the British Government. The forms are available from Deputies, Senators and councillors. I brought the matter to the attention of councillors throughout the country and recently went on Mid West Radio to discuss it, as a result of which I have received queries from County Mayo. This is merely to indicate there are people who may qualify for a pension in Britain and that it would be worth their while to apply. We extended the pre-1953 stamp scheme to our emigrants in Britain and many qualified. There is an enormous transfer of funds to Irish people in Britain, rightly so, because they transferred so much money to Ireland in the 1940s and 1950s and we owe them a great debt of gratitude. It would be worthwhile to try to get across this message. If people had a social security number in Britain and worked there for four or five years in the 1960s or 1970s, they can qualify for a reasonably generous pension. There is a very good pension system in Britain, with a reciprocal agreement between Ireland and Britain. This debate gives me an opportunity to highlight the issue. This social policy is one of the benefits of EU membership.

My father was a member of the Cuffe Street union of bricklayers and stonemasons and at the forefront in dealing with labour issues when the question of "wet-time" was introduced. Probably no one in this House has heard of this, but in the 1950s and 1960s it was a provision that applied to builders. Fianna Fáil is the most socialist side of the Government and has always dealt with social issues. My father was a life-long member of Fianna Fáil, but he was also a life-long member of a union, which is a great combination. The Minister of State may feel very comfortable in his position with responsibility for labour affairs knowing that the party always represented the working people of this country to the best of its ability. I can say with pride that it fought alongside the Cuffe Street union of bricklayers and stonemasons. That is only one indication; I am sure my colleagues realise the full extent of our involvement in the labour movement. When I was a Deputy for Roscommon, I secured the labour vote in the constituency for that reason. I hope that in the by-election on 25 November we will secure transfers from the Labour Party candidate in Donegal South-West.

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