Alice-Mary Higgins (Independent) | Oireachtas source

As the issue of the intermediary is referred to in this section, I ask the Minister to clarify an issue which, as she will be aware, arose while we were discussing these matters at the Joint Committee on Employment Affairs and Social Protection. Although there is a very strong argument for ensuring that there is responsibility along the supply chain and that end users - which may be organisations - remain responsible even when intermediaries are used, there is also a concern which I raised with the Minister at the committee and on which she may be able to provide clarity, namely, that the Minister is not including the gig economy in the discussion of end users.

There is a concern that there is some ambiguity in, for example, areas such as food delivery services. Is the end user the person using a delivery service company to have food delivered? Where does that sit? There is a need for clarity in that regard. It would not serve workers or the public well if the individuals accessing services through some kind of platform in the gig economy and those providing services are the only ones visible within the process and that the intermediary - which, in such a case, is basically the company making money out of the process - would somehow be excluded from the obligations and duties appropriate to employment. There has been a heavy focus on the construction industry, but this is another area where concerns have been raised with Members and testimonials given.

The Minister stated that deciding officers of the scope section already have the latitude to decide these issues. However, the fact that decisions are being made on these issues points to the reasonableness of the section. I acknowledge that the Minister raised the danger of the section being legally challenged, but there are already challenge mechanisms and decisions being made. To my mind, section 4 simply provides far more clarity regarding the basis on which those decisions might be made. There is a concern regarding cases in which decisions have been made by the scope section but then overturned by an appeals officer at a later stage. The section brings far more clarity to the process than is the case as matters stand.

Some decisions have been overturned because the individual contract may have been addressed but the sectoral issue may not have been dealt with. That is a slightly different issue and I reserve the right to make suggestions on Report Stage regarding how we could expand from individual cases to an identification of sectoral patterns.

I ask the Minister to address my question on end users and intermediaries.