Lynn Ruane (Independent) | Oireachtas source

I am proud and delighted to be seconding this important legislation today and to follow the lead of Senator Gavan, who has been such a strong supporter of labour rights in his time in the Seanad. I would like to express my strong support for the Bill and the equality principles that underlie it, and I hope to see it attract cross-party support here this evening.

This is a short but important Bill that would amend the National Minimum Wage Act of 2000 to end the practice of paying those under the age of 18 and those in their first and second years of employment below the national minimum wage. At its core, I believe this Bill is tackling an equality issue, in which age-based discrimination has been entrenched in our laws. The inequalities of our current situation send a clear message to our young people that their contribution to our economy is valued less than their colleagues, that an arbitrary ground like age can be invoked to devalue and diminish their work, and that no matter their individual circumstances or the quality of experience, it can all be waived in favour of slotting into arbitrary categories where how much you are paid is based solely on the passage of time. It invites employers to treat their younger employers differently from the outset, allows for a situation where young people starting their working lives are at a disadvantage, and is insulting, belittling and unfair.At a time we are actively pursuing State policies to eradicate pay inequalities in so many areas, whether it be along gender lines or pension inequality, or removing differential pay for our teachers, the Bill fits neatly into the growing national and international movement recognising the importance of equal pay for equal work. That says to our young people that we value them and the efforts and contributions they make.

The inequality of the current system and the disrespect and dismissal it shows to our young people, their work and experiences, is an unfortunate trend across many State policies. It has been said to me previously that Ireland is no country for young people, and we can sometimes be guilty of alternately glorifying or infantilising young people and their contributions without truly engaging with them, their issues and desires. Young people need to feel valued, understood and supported by the State, and the passage of the Bill would demonstrate this in a tangible and material way.

These sub-minimum rates were introduced with the national minimum wage. As Senator Gavan mentioned, two justifications were given for them at the time. It was argued that the State had a responsibility to disincentivise early school leaving and that the State could make young people more financially competitive in the job market to balance their inexperience. I do not believe either of these two factors are adequate justification for continuing the pay differentials the would be reformed by the Bill. The factors that can lead to a young person leaving school early are many and complex and it is naive to think it can be prevented simply by introducing legal pay inequality and financially penalising individuals to prevent it. A wide range of socioeconomic, psychological and family pressures can and do result in early school leaving, many of which are outside the control of the young person who leaves school, and it is unfair to punish the individuals for them. Having worked with many school leavers I guarantee the sub-minimum rates are incentivise more young people to work more, as the lower rates mean they must work more hours. It is a heavy, blunt and ineffective tool to try to prevent a complex and multifaceted social phenomenon and needs to end.

It is just not good enough for the State to accept that if young people are not experienced enough to compete in the jobs market the appropriate response is to make it legal to pay them less to make them more attractive to employers. The State must take greater responsibility for the education and training of our young people and ensure they have the targeted tools they need to compete. Our response should and must be proactive, empowering and positive rather than simply facilitating a race to the bottom in labour standards.

The Bill has the potential not only to allow for younger workers to be brought up to equal pay on a par with their colleagues, but it can also be a positive facilitator of strong work ethics and the fostering of greater responsibility among our younger cohorts of workers. Pay equality, especially for those under 16, will instil a sense of responsibility, the importance of hard work and allow for positive behaviours and habits to be reinforced before reaching adulthood. It would positively inspire progressing with education as they will have awareness of work and the pay standards to expect.

At a time we are giving greater consideration in the House to the experiences of young people such as the recent proposal to lower the voting age and the debate on the digital age of consent, we need to have greater understanding of the nuances needed to legislate for how the State protects children and young people. We also cannot be accused of being hypocrites. The Government has committed to a referendum on lowering the voting age to 16. Most Senators agreed 16 or younger to be an appropriate age to consent to the use of their data. We need to ensure those of the same age do not experience inequality in the workplace.

Some Senators may feel that sub-minimum rates can be justified, especially the rates for those under 18. Perhaps they know young people who work in shops in rural or urban Ireland who are happy and content to be paid less, which suits the owners, but just because an arrangement works does not mean we cannot do better. Today we can send a message to young people who, in my experience, are depressingly quick to state they do not feel represented in the Oireachtas that they are worth more than 70% of someone two years their elder, and that equal pay for equal work is a fundamental principle that we are willing to apply irrespective of age, gender, race or status. If none of this convinces, consider this. We could in the near future be living in an Ireland where 16 year olds are eligible to vote. What will they make of politicians willing to take their first preference but not to legislate for their protection in the workplace? I hope all Senators support the Bill on its passage to Committee Stage.