Mary Ann O'Brien (Independent)

I move amendment No. 6:

In page 9, lines 3 to 12, to delete subsection (1) and substitute the following:

"7.—(1) Subject to any collective agreement for the time being standing approved under section 8, the basic working and employment conditions to which an agency worker is entitled shall be the same as the basic working and employment conditions to which a comparable employee would have been entitled if such a comparable employee were so employed at the same time as the commencement of the assignment of the agency worker, having regard to all the circumstances.

(2) In respect of any agency worker, his or her employer shall be deemed to have conferred the entitlement described insubsection (1) where such employer demonstrates that such agency worker is in receipt of basic working and employment conditions which are the same as the basic working and employment conditions of a comparable employee.".

I feel as if I am going around in a circle with the Minister of State, for which I apologise, in that this amendment also addresses the issue of the comparable employee, to which he has already responded. One can only imagine how business people are going to sort it out, given the conversations we are having on it. It might appear simple to the Minister of State. However, I do not know, given the lack of clarity on the issue, how I am going to explain it at a management meeting of my company this afternoon. The only comparable employee in my company is a full-time worker who has been working with it for seven years. As I understand it, the legislation, as drafted, provides that the agency worker, rather than me, as hirer, will have the right to make the comparison.