Written answers

Thursday, 6 October 2011

Department of Enterprise, Trade and Innovation

Employment Rights

5:00 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 82: To ask the Minister for Jobs, Enterprise and Innovation the position regarding the agency workers regulation legislation; and if he is engaging with or consulting agencies as the legislation is being drafted. [28042/11]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The EU Directive on Temporary Agency Workers (2008/14/EC) is due to be transposed into Irish law by 5 December 2011 and my Department is working to meet this deadline. A central aim of the Directive is to ensure protection of temporary agency workers by applying the principle of equal treatment in their basic working and employment conditions.

Of course a key feature of the Directive, is that it provides the possibility for the social partners, at the national level, to conclude an agreement which would, while respecting the necessary protections to be afforded to agency workers, allow for some variation in the application of the equal treatment principle such as in relation to the operation of a "qualifying period" before equal treatment would apply.

My Department is currently engaged with the national social partners in discussions on the possibility of concluding a framework agreement in time to meet the legislative deadline and I am pleased that these discussions are very constructive. Given the tight legislative timeframe of 5 December 2011, there are considerable pressures to conclude these discussions and it is my sincere hope that agreement can be achieved between both sides. Government places considerable value on agreement being reached with the national social partners on this issue given the very difficult labour market challenges currently facing this country and the need for all of us to play our part in improving our competitiveness in the global market with every measure possible to sustain existing jobs and grow employment. This ability for Irish businesses to be able to compete in the global marketplace is particularly relevant given that in the UK, our leading trading partner, a 12-week "qualifying period" before equal treatment is accorded to agency workers has been agreed.

A public consultation on the transposition of the EU Directive on temporary agency work into national law was undertaken by my Department in October 2010 and this drew responses from a number of stakeholders and interested parties, including from a number of recruitment agencies. In the case of a number of respondents, follow-up meetings have taken place with officials of my Department to provide more indepth information to inform the preparation of the draft legislation. Contact in this regard with key stakeholders is ongoing.

In terms of progressing the legislation, it is my intention, very shortly, to seek Government approval for the formal drafting of the Scheme of a Bill to transpose the Directive that will be capable of taking on board the outcome of the discussions with the national social partners as earlier described, if these are successful.

In terms of progressing the legislation, it is my intention, very shortly, to seek Government approval for the formal drafting of the Scheme of a Bill to transpose the Directive that will be capable of taking on board the outcome of the discussions with the national social partners as earlier described, if these are successful.

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