Speech by Mr Tony Killeen TD, Minister for Labour Affairs, at Launch of the ICTU Publication, Homes and Workplaces: The Rights of Domestic Workers

On July 12th. 2005

As Minister for Labour Affairs I am delighted to participate in this very positive initiative from ICTU and I also welcome the opportunity to speak to you on the topical subject of employment rights and the difficulties experienced by some immigrant workers.

Immigration is, and will continue to be, essential to how we as a society, and as individuals, develop and prosper. Immigration is a relatively new phenomenon in Ireland - we have known the other side of the coin for generations. Even today, people continue to leave Ireland to expand their experiences and skills and we expect they will be welcomed, appreciated and treated fairly wherever they go.

It should be no different for those people who choose to come to Ireland to work. People who come to Ireland seeking employment are welcome and that it is a shared expectation on the part of Ireland, its people and the new arrivals that the experience will be beneficial to all. Unfortunately, there are a few who prey on the inexperienced and vulnerable. Such instances of deliberate mistreatment do a great disservice to Ireland and our people and our collective reputation abroad. That small minority of perpetrators are despicable and have no place in our business community or Irish society.

I am very conscious that there are various sectors of our economy that, because of the unique nature and practices associated with the work involved, are particularly susceptible to non-compliance with the appropriate employment rights regime. The sectors are those that have been traditionally - for want of a better expression - exposed to poor employment rights compliance by some employers and, accordingly, have required dedicated protections such as set out in the many Employment Regulation Orders. In recent times the worker populations in these sectors have been more and more comprised of immigrant workers. That development has brought it own unique dimensions of further difficulty such as language and culture.

I am pleased to say that a lot of work has been done with a view to improving significantly compliance with employment rights. A Review of the workings of the Employment Rights Bodies has been completed and an Employment Rights Group has been established specifically to undertake implementation of the Government’s decisions in this area.

The Social Partners, in the next few weeks, will consider a Discussion Document on the Mandate and Resourcing of the Labour Inspectorate. The functions and operational structure of the Inspectorate will be a feature of the upcoming discussions with the Social Partners. In the meantime, an increase in the staffing complement of the Labour Inspectorate from 17 to 31 Officers has been sanctioned. The recruitment process commenced a while ago and it is expected that the posts will be filled once the Summer-holiday period is completed.

A Review of the Joint Labour Committee System has been completed. The Social Partners will have an input into the modernisation of the system including the possibility of merging, disbanding or creating Joint Labour Committees so that they will be reflective of the current workplace and economy.

Work on the streamlining of Employment Rights Legislation is under way providing the opportunity to harmonise and possibly simplify some of the material. It is intended that all these various strands will lead to the establishment of a far more effective system for compliance checking and, most importantly, fair and proper resolution of instances of non-compliance.

In the Labour Inspectorate’s Discussion Document a particular area identified for action is that of employment rights information dissemination. It is proposed that very significant resources be focused on this project. Social Partner input will be a feature. Other organisations, including those that assist migrant workers, will also be invited to contribute so that the information deficit can be fully identified and addressed. It is planned that the Department’s new programme will complement the activities of the organisations consulted as well as enhance the services already provided by the Employment Rights Information Unit.

It is in all our interests that the employment environment in Ireland remains attractive and fair. I believe we are on the threshold of some major improvements in the areas of employment rights information provision and compliance. Together with the Social Partners it is intended that a regime will emerge that will be entirely inhospitable for the minority of non-compliant and abusive employers that shame us all. A system of complaint resolution that is impartial, streamlined and efficient is a vital component in achieving that goal and ensuring a fair and level competitive environment for compliant employers.

ENDS

LA 131