Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Tréaslaím leis an Seanadóir Gavan as ucht an Bhille seo a thabhairt chun cinn. I have been getting a lot of praise, but the lion's share of the praise on the Bill has to go to Senator Gavan and to Barry Kearney who works with him and who is in the Gallery this evening. They did a huge amount of work on the matter over the past year.

There has been a lot of talk about the survey we did in Galway and the campaign we have on restaurants. There were two real heroes in that campaign in Galway. One of them, Eva Mitchell, is sitting in the Gallery and the other lady was Kaela Mac Cormaic. They were workers in the restaurants who told their stories publicly and were very brave to do that.What we found is that people working in the industry are afraid to speak out because of the possible repercussions of doing so. The workforce in the sector is highly fluid and employees are told they will be quickly replaced if they open their mouths.

I will recap some of the findings of our survey. The Bill must be viewed in the context that most of those working in restaurants are young people. The majority of the 415 respondents to our survey described themselves as Irish and were between 18 and 34 years of age. Some 45% were employed full time in the sector and a further 25% were working part time. The survey found that 43% had been employed for at least one year. The three most common occupations were waiting staff, bar staff and chefs.

The key findings of the survey were: 45% of respondents were not given written statements setting out the terms of their employment within first two months and 18% did not receive regular pay slips; almost 60% indicated they did not receive the statutory 15-minute break after 4.5 hours work; 50% did not receive a 30-minute break after six hours; 50% did not receive their entitlement to nine public holidays per year; almost 50% did not receive 11 consecutive hours of rest between shifts; and more than 40% did not receive four weeks of paid annual leave.

While tipping is an important issue, workers in these sectors are also suffering for many other reasons. Some 44% of respondents to our survey indicated that the rota in their workplace was used regularly as a negative control mechanism. Effectively, this means that those who do not toe the line lose hours or are not rostered for the hours they need.

On an issue directly related to the Bill, 34% of respondents reported the withholding of tips regularly, very often or constantly, and 28% reported being underpaid regularly, very often or constantly. Instances of physical and verbal abuse were also reported.

I wish to be positive on the basis that the campaign has made significant progress. The committee working with me includes members of SIPTU, some of whom are in the Public Gallery, academics from the National University of Ireland, Galway, people working with migrant workers and employees in the industry. We found an unexpected ally in the Minister for Transport, Tourism and Sport, Deputy Shane Ross, who, following a meeting with us, brokered a meeting with the Restaurants Association of Ireland. We hope to meet representatives of the Irish Hotels Federation in the next couple of weeks.

We put it to industry representatives that there are issues in the sector and they should acknowledge them. We want to work with the industry. We also want to turn our campaign into something positive by rewarding employers who treat their workers well. We are starting an awards programme for companies that show respect for employment and labour. We will develop an awards system for restaurants that treat workers properly, similar to the rosettes given to restaurants under other awards schemes. We met representatives of the Galway Chamber of Commerce, which responded favourably to our proposal, and we hope to meet restaurateurs in the city. We will turn this into a positive campaign.

One of the angles in respect of tips that has not been mentioned is that good employers are penalised by the lack of regulation in this area. Good employers who pass on tips in a proper manner and treat their workers well are being undercut by employers who are dipping their hands into the tips jar. The latter are able to provide services and food at a cheaper rate and are, therefore, undercutting their next door neighbours. The good employers whom we met agree that the sector requires this type of legislation and regulation. It is important to point out, therefore, that they will support the Bill.

Much has been said about the Workplace Relations Commission, WRC. The responses we have received indicate the commission has no teeth. We have dealt with cases involving people who have won cases in the Workplace Relations Commission. Marius Marosan who represents Romanians in Ireland has taken 50 cases to the Workplace Relations Commission, most of which he has won. However, the employers in question laugh at the outcome because little can be done if they do not pay out. They do not give a damn about the WRC or the possibility of staff taking a case to the commission. They laugh at employees who indicate they intend to take a case to the WRC. The way in which the commission operates must be reviewed.

I commend the work being done by Senator Gavan and fully support the Bill. Molaim go mór na hoibrithe atá ag labhairt amach. I encourage more workers to speak out and tell their stories. That is how we will get to the bottom of what is taking place. I thank the Restaurants Association of Ireland, which I have castigated previously, on coming on board and showing support. We hope to work with the association, the Irish Hotels Federation and others to create a positive culture and make this Bill a win-win scenario for everyone.