Richard Bruton (Dublin North Central, Fine Gael)

The matters to which these amendments relate were the subject of considerable debate on Second Stage and Committee Stage. The amendments relate to section 7 of the Bill, as passed by the Dáil. The formulation adopted in section 7 allows reference to two distinct situations, that is, instances where there is a comparable employee against whom the agency worker can be compared and to instances where there is not such comparable employee. In the first instance, section 3 set out the criteria to be fulfilled and the type of considerations that could be taken into account in measuring the level of comparability between an agency worker and a comparable employee. In the latter context, where there is no comparable employee the Bill sets out that the entitlements for the agency worker would be those which would apply if a comparable worker were to be employed. This construct was considered to accurately reflect the requirements of the directive. It was also an attempt to provide greater clarity and guidance beyond that contained in the directive.

During the debates on the legislation in both Houses, concerns were raised with regard to the inclusion of the notion relating to the comparable employee, particularly in light of the number of difficulties to which this was giving rise in practice. In view of Members' concerns, I have ensured that the relevant issues were reconsidered with a view to providing greater legal certainty and clarity in the Bill. As a result, it is proposed to remove from the Bill the notion of using the comparable employee construction and, alternatively, essentially to defer to the wording contained in the directive. This should meet the concerns which Senators raised on Second Stage and which were the subject of amendments tabled on Committee Stage.

I am satisfied that the revised outline of section 7 will still ensure that agency workers will be properly protected in the context of their entitlements under the directive. It will also allow the Government to remain in compliance with the directive. The proposed changes will require some revision of the existing provisions of the Bill. This is the intended combined effect of amendments Nos. 4, 5, 8 and 18. The respective intentions behind amendments Nos. 4 and 5 is to remove the definition of comparable employee from section 2 and to delete section 3 in its entirety. In the event that both of these amendments are accepted, the aspects of the Bill to which I refer will be redundant.

Amendment No. 8 proposes to delete the existing section 7(1) and to replace it with a new formula for setting out the core entitlements of agency workers. Essentially, the new section 7(1) will provide that agency workers will be entitled to the same basic working and employment conditions as those to which they would be entitled if employed directly to do the same or similar work.

Amendment No. 18 arises as a consequence of the removal of the reference to "comparable employee" in section 11, which deals with access to employment for agency workers. The amendment simply removes the reference but does not otherwise change the requirements under the section.

I thank the Senators who tabled amendments Nos. 6, 7 and 9 to 11, inclusive. On the basis of what I have outlined, however, it will be clear to them that these amendments refer to an earlier version of what was contained in the Bill.

The amendments are, therefore, no longer relevant. On this basis, I ask the Senators to withdraw them.