Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 113: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the campaign by SIPTU for legislation to provide equal treatment to agency workers; and if he will introduce legislation along the lines proposed. [25418/07]

Martin Ferris (Kerry North, Sinn Fein)
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Question 126: To ask the Minister for Enterprise, Trade and Employment if he will bring in legislation to provide equal treatment to agency workers; and his views on a European Directive to give effect to equal treatment across the EU. [25416/07]

Arthur Morgan (Louth, Sinn Fein)
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Question 128: To ask the Minister for Enterprise, Trade and Employment his views on the concerns raised by union representatives that employers are using the growing phenomenon of obtaining staff through employment agencies to undermine and dismantle agreements on standards, pay and conditions. [25413/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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I propose to take Questions Nos. 113, 126 and 128 together.

As part of the Government's commitment under the partnership agreement — Towards 2016 — I am currently considering the final elements of proposals for the draft Scheme of a Bill to regulate the employment agency sector. I intend to submit a Memorandum to Government very shortly seeking approval to have the Bill drafted by the Parliamentary Counsel to the Government.

The Bill as drafted will reflect the commitment, in Towards 2016, to a licensing system where, to be licensed, employment agencies will be required to comply with the terms of a Statutory Code of Practice which will set out the practices and standards which employment agencies would be expected to follow. A Monitoring and Advisory Committee will advise me on the Code of Practice and on other matters related to this sector of our economy. Other elements in the Bill are aimed at further strengthening and enhancing the effective enforcement of the employment rights of agency workers.

As regards the stalled EU Directive on Temporary Agency Workers which has again been placed on the table for discussion by the Portuguese Presidency, Ireland will continue to adopt a constructive role in these discussions. Some key outstanding issues include the review of restrictions and prohibitions that apply regarding the use of temporary agency workers and the duration of the "grace period" or qualifying period with regard to the principle of equal treatment. Ireland and several other EU Member States have argued that a qualifying period of six weeks is far too short and that pay parity should only apply after a longer waiting period to be agreed in negotiation between the Member States. In this regard Ireland is seeking to obtain a balance between promoting more flexible forms of work organisation while not undermining the employment rights of agency workers. Our aim is to better reconcile flexibility and job security and create more and better jobs which is a fundamental goal of the Lisbon Strategy.

In the course of consultations on the proposed Bill some parties have been trying to negotiate matters not included in the current partnership agreement, including pay parity from the commencement of employment. This demand is outside the scope of measures agreed in Towards 2016 and, in any case, does not have due regard to the complex arrangements in other Member States.

My Department has engaged with ICTU regarding assertions that agency workers are being used increasingly to undermine basic labour standards and are precipitating a so called "drive to the bottom". However, the Department has not been supplied with specific evidence supporting this thesis and the argument to date has hinged on anecdotal evidence. We would be interested in seeing any hard evidence in this area.

Finally, I should point out that Ireland's comprehensive body of employment rights legislation provides that employee protection applies to migrant workers in Ireland and also to agency and posted workers who have entered into a contract of employment that provides for him or her being employed in the State or who works in the State under a contract of employment. This means that irrespective of nationality or place of residence, such persons have the same rights under employment rights legislation as Irish employees. Indeed this is acknowledged by SIPTU which has included a full listing of such entitlements in an information leaflet on agency workers of June 2007.

With regard to enforcement, Labour Inspectors pursue allegations of worker mistreatment and when evidence of non-compliance with the relevant employment rights legislation is found, the Inspectorate seeks redress for the individual/s concerned and, if appropriate, a prosecution is initiated. It should be noted also, that in many cases, Employment Rights Legislation has provisions whereby workers who believe that they have been denied their entitlements, or otherwise unfairly treated, can take the matter before dispute settling agencies such as the Rights Commissioner Service, Labour Court and Employment Appeals Tribunal. I urge anyone who has evidence of the mistreatment of agency workers to furnish all the relevant details and any related materials to the Inspectorate with a view to pursuing the matter.