Deirdre Clune (Fine Gael)

We were in a position where the directive had to be implemented as and from 5 December 2011.

Many members received correspondence on the issue when the legislation was going through the other House. That the Bill will apply retrospectively from 5 December is a source of concern, although I heard what the Minister said. I read the transcript of the debate on Committee Stage and the advice of the Attorney General is clear, that the legislation has to have retrospective effect from 5 December 2011. I am sure, however, that the House will have an opportunity to tease out the issue on Committee Stage.

Temporary agency workers are important to employers. Temporary agency work offers individuals an opportunity to gain experience and such workers have become very important in both the private and the public sector. In the public sector the HSE spent more than €40 million last year on hiring such workers. In the private sector they are associated with the provision of secretarial assistance, security work, the IT sector and, particularly, the pharmaceuticals industry, as I am aware from speaking to people in the Cork area. It is important that they are recognised and given employment protection.

Prior to the coming into force of the directive, temporary agency workers had certain rights under the Unfair Dismissals Acts, the Redundancy Payments Act, the Organisation of Working Time Act, the Payment of Wages Act, the Maternity Protection Act and the Employment Equality Act. Nonetheless, the legislation will ensure such workers will have equal treatment with permanent workers and the same basic employment rights as if they had been directly recruited to do the same job. This means they will have the same conditions and entitlements in respect of pay, duration of working time, overtime breaks, rest periods, night work, holidays and public holidays. The principle of equal treatment also applies to rules aimed at the protection of pregnant women and nursing mothers in their basic working and employment conditions in terms of access to canteen, crèche and sports facilities.

The Bill defines basic pay. Payments in excess of basic pay rates in respect of shift work, overtime, unsocial hours and hours worked on a Sunday are mentioned. However, bonuses, holiday pay, sick pay and maternity pay are not included within the definitions.

A number of questions were raised on the matter of the comparator numbers, and I am sure that the Minister will draw out the issue on Committee Stage. For example, if a person is employed today as a temporary agency worker and their pay and conditions are to be compared with an equivalent worker, if pay rates have been reduced in many agencies and employment areas in the past six months, with whom do we compare these agency workers? The legislation is clear. Section 7(1) states that the conditions of agency workers will be the same as those "to which either a comparable employee is entitled, or ... where there is no comparable employee employed" the same as those "to which a comparable employee would (if ... so employed) be entitled". The term "if so employed" will allow the hirer to use the going rate at the time of recruitment, and it is important to say that. Legislation cannot be specific in all cases. The Bill's provisions will give the hirer some comfort should a question arise over the pay and conditions afforded to a temporary agency worker.

I welcome the Bill. It is important that we have similar provisions for temporary agency workers across the EU, particularly in light of our membership of the European Union. These workers are important to employers. They provide flexibility, particularly for seasonal work, and provide cover for maternity or extended sick leave. It is an important provision in the workplace and I welcome the fact that these workers are afforded additional protection in the legislation.