Tony Gregory (Dublin Central, Independent)
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Question 279: To ask the Minister for Enterprise, Trade and Employment the action he has taken to prevent the displacement of 550 Irish workers and their replacement with exploited labour by Irish Ferries; and if he will make a statement on the matter. [38103/05]

Micheál Martin (Cork South Central, Fianna Fail)
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Ireland has a comprehensive body of employment rights legislation, which has among its objectives the protection of employees against arbitrary behaviour by employers. It also has wider aims such as provision for the safety and health of workers and the fostering of labour market harmony by promoting policies which minimise conflict and maximise fairness. Specific areas covered by such legislation include working time, the payment of wages, holidays, the national minimum wage, unfair dismissal, redundancy payments, the protection of young persons and the transfer of undertakings. Irish legislation mirrors the broader EU social protection framework in this area. One would usually expect the composition of a workforce to reflect the broad population of the local catchment area, provided that appropriate personnel are available for the specific vacancies which arise.

It should be borne in mind that Ireland is now part of an EU labour market, which means that nationals of other member states have the same right and freedom to work in Ireland as Irish nationals. It is important that it is appreciated that employers can choose to hire such workers without regard to nationality. Concerns about the protection of workers' jobs, pay and conditions of employment to which the Deputy refers raise complex legal and policy issues. New challenges are being posed by population movement, the changing structure of the economy, new work practices and increasing international economic integration. The continuing full employment is evidence that the Irish economy has adapted very successfully to such challenges in recent years. Deputies are aware that the Government has communicated its intention to engage fully and effectively in the process of devising policies and measures which protect employment standards and arrest the race to the bottom in employment practices. I am confident that a successful response to such issues can be found in our economy, where the exceptional legal and other characteristics of the maritime sector do not apply. Such a response can be best put in place in the context of the social partnership system, which continues the stability and progressive modernisation of our labour force and employment practices to sustain jobs and living standards.

I view with great concern the potential social implications of the displacement of workers on established conditions in favour of those willing to do the same jobs on much poorer conditions. The Taoiseach has said he wants to see greater productivity and enhanced competitiveness, based on new products and services, the upskilling of staff, new work practices and technological innovation. We do not want to see people building competitive advantage based on poor wages, casualisation of labour, low health and safety standards or other poor compliance practices. Not only is it wrong, but it is also simply unsustainable. While recognising the exceptional situation that has recently arisen in the maritime sector, it is important to remember that the full panoply of Irish employment law and social protection continues to apply to people employed in Ireland, regardless of nationality. This body of law is and will continue to be enforced by the Department of Enterprise, Trade and Employment.