Jack Wall (Kildare South, Labour)
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Question 109: To ask the Minister for Enterprise, Trade and Employment if he will introduce legislation to make it unlawful for an employment agency to operate here without a licence having regard to the large migration flows that have occurred in the European Union of 25 Member States and the role played by employment agencies in one country to place workers on contract in another country; if his attention has been drawn to the potential for abuse that this could give rise to; and if he will make a statement on the matter. [18224/06]

Tony Killeen (Clare, Fianna Fail)
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Under the Employment Agency Act 1971, a person carrying on the business of an employment agency must be the holder of a licence issued by the Minister for Enterprise, Trade and Employment and must operate from a premises in Ireland that conforms with prescribed standards of accommodation, set out in Regulations made under the Act.

As part of the Government's commitments under Sustaining Progress, in June 2005, the Department of Enterprise, Trade and Employment issued a White Paper on the Review of the Employment Agency Act 1971. The deadline for submissions was 15 July 2005 and 10 submissions were received.

The Department is currently finalising further consultations based on the submissions received. Government approval will then be sought to have a Bill drafted by the Office of the Parliamentary Counsel to the Government. It is hoped to publish this Bill in the second half of 2006.

Matters under consideration for inclusion in the Bill include providing for a system of licensing/registration of Irish and foreign-based employment agencies operating in Ireland, supported by an industry regulatory code which will set out in detail, the practices and standards that such employment agencies would be expected to follow.

Another issue under consideration is a possible Statutory Monitoring and Advisory Committee — representative of all the various interests in the sector. This Committee would oversee the regulatory code and make recommendations to the Minister for Labour Affairs in light of experience with any new legislation.

Changes under consideration are aimed at preventing any abuses by employment agencies which may arise in relation to the recruitment and placement of workers in Ireland.

In drafting legislation, it will however, be necessary to take account of (a) the potential impact of revised proposals from the European Commission on the draft EU Services Directive published on 4 April 2006 and (b) the free movement of persons, services and capital within the EU as laid down in the EU Treaty.