Joe Costello (Dublin Central, Labour)
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Question 280: To ask the Minister for Enterprise, Trade and Employment the reason he and the Government have reiterated their opposition to the draft EU Directive on Temporary Agency Workers; and if he will make a statement on the matter. [34834/07]

Billy Kelleher (Cork North Central, Fianna Fail)
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Ireland adopted a consistent and constructive approach in the discussions on the draft EU Directive on temporary Agency Work, at the ESPHCA Council, on 5 December. We fully supported the Portuguese Presidency in its efforts to fashion an overall compromise solution by way of an integrated approach to discussions of the two proposed Directives on the Organisation of Working Time and Temporary Agency Work. The Portuguese Presidency presented these two sensitive dossiers as a package for consideration by the ESPHCA Council.

On the proposed Directive on Temporary Agency Work, I was clear and unequivocal at Council. I indicated that Ireland fully supported the thrust of the objectives of the proposed Directive. I also indicated that any such instrument must be balanced and be to the benefit of all parties concerned — employees and enterprises alike. I informed my ministerial colleagues, however, that I was concerned that the latest proposals on the table did not contain all the necessary elements of balance. Thus, permitted exemptions provided for in the proposed Directive would be to the advantage, or benefit, of some Member States and not others. This would be the case for those Member States where equal pay legislation is complemented by collective agreements and where deviation from the equal pay clause in legislation may be permitted by collective agreements. I stressed here that if exemptions from the equal treatment principle were to be allowed in the proposed Directive for those countries with collective agreements, then other means of providing for appropriate flexibility should be allowed for those Member States without collective agreements.

Finally I indicated to Ministers that Ireland considered the exemption proposed for short duration temporary agency assignments (under Article 5.4 of the proposed Directive) — i.e. a maximum of six weeks — to be such as not to provide the required flexibility. It could damage future job creation prospects and could deter the use of a legitimate form of employment, which would be to the detriment of our economy and agency workers.

Regrettably, having identified the remaining issues of concern to various Member States, the Presidency decided not to pursue the search for a solution at the Council. Ireland was fully prepared to assist in trying to resolve outstanding issues at the Council rather than postpone addressing these to a later date.

On my return from Council, I fully apprised the social partners of the outcome of the discussions and the current state of play regarding future progress of this dossier in a detailed letter to them, last week. This was with a view to help prevent any confusion and, to correct any misinformation from various quarters, in relation to Ireland's negotiating position.