Aodhán Ó Ríordáin (Labour) | Oireachtas source

I take this opportunity to recognise the presence of the teachers from Grafton College in the Gallery. They are at the coalface in the context of this issue.

In support of Senator Ruane's comments about the process and how we reached this point, I see no reason the Government or any particular party should have difficulty with workers rights being peppered through every item of legislation. A frustration felt by my party, which is shared by others, is the Government's sense of taking the employers' best goodwill as a given at all times. Recently, I had a meeting with an education NGO which pointed out the number of educational bodies that have trade union representation compared with employer representation. The trade union representation on the bodies was paltry compared to that of employers. Senator Norris has articulated the point very well that all we are doing is trying to protect the workers in the colleges. That needs to be done via legislation. I do not understand why that would challenge or upset people or make them uneasy. Ministers will be advised that it is unnecessary and over the top and that it is implicit in other employment legislation. However, one cannot say that to the people sitting in the Gallery. Last weekend, these people saw a noted pinned to the door of the institution at which they taught telling them that it was over. They are now looking forward to Christmas without employment. They have children that they need to look after and feed. No Minister can say that employment rights or workers rights can ever be overstated in any legislation. They cannot. The Minister of State might not agreed but I believe that the market has no conscience. When dealing with a market economy with no conscience, one must regulate it within an inch of its existence or else situations such as that experienced by the people in the Gallery will arise. Companies will do what they will to survive and make money. It is people such as those with us this evening who endure the fallout.

Labour tabled its amendment, and Senator Ruane did likewise, prior to this controversy arising. We are not reacting or doing anything on the basis of having held a meeting today or there being media attention on a particular situation that arose at the weekend. The position has been highlighted by unions such as Unite, which helped to draft these amendments.The unions see this industry as unregulated and the workers therein as being potentially exploited and certainly vulnerable. Nobody can accuse us in this Chamber of knee-jerk reactions to a particularly newsworthy issue because these amendments were tabled some time ago. The Minister of State, Deputy Mitchell O'Connor, and the Government should not be opposed to what we are seeking to achieve today. Amendment No. 59 states:

(8) Without prejudice to the generality of subsection (1), a code of practice established under that subsection shall specify requirements relating to compliance with quality standards for the recruitment, employment and cessation of employment of employees, and with employment law generally, by relevant providers.

(9) In specifying requirements of the type referred to in subsection (8), the Authority shall consult, in such manner as it thinks fit, with trade unions or staff associations that represent education and training staff or other employees of relevant providers.".".

We are trying to do the right thing. I know that the Minister of State is also trying to do the right thing. We may have different interpretations of what is the best legislation that can come out of this House but surely the Minister of State is aware of what is wrong with this industry and it is her responsibility to fix it.