Statement by Minister for Labour Tony Killeen T.D. to Seanad Eireann on Employment Rights Issues
24 November 2005
I welcome this opportunity to advise the House of certain recent and impending developments in the area of employment rights, to give Senators some idea of the types of issue being encountered and to suggest how the changing working environment is giving rise to new challenges in the area of employment rights enforcement. I also want to set out how my Department is addressing these issues and what our priorities are as we get closer to a new year.
Firstly, I should perhaps suggest to Senators that, as in so many other areas of public life, in order for there to be an informed exchange of views, it is vital that there be objective and comprehensive information available. Far too often in the area of employment rights enforcement, an objective assessment of what is at issue and of what is happening is set aside in favour of expressions of high profile indignation based on partial information or second or third hand reports.
I am sure that Senators will agree that Government Departments should base their response to complaints on the basis of solid evidence and factual information. In tackling abuses of employment rights of employees, be the employees Irish or from overseas, I suggest that a calm, rational approach, coupled with a determination to get to the heart of the matter is likely to be far more effective than the well meaning but ill-informed statements sometimes made in the absence of hard information. Indeed, some of the claims made in the public prints sometimes turn out to have no substance when followed up by the relevant authorities and can actually cause resources to be diverted from real and pressing problems.
I should perhaps deal at this stage with a number of issues that were mentioned in recent exchanges in this House on the subject of employment rights.
Recent Incident off the Skerries Coast
Virtually everybody will be aware of the recent controversy regarding the group of Latvian periwinkle pickers who were taken from Colt Island, off the coast of North county Dublin by the Skerries lifeboat. This incident was well publicised and occasioned much public comment, both from the media and from groups who concern themselves with employment rights, with particular reference to the working conditions of workers who have come to this State from overseas.
I understand that the factual position in this particular matter is as follows:
On Saturday, 5th November, Skerries Lifeboat launched to check out a report from a member of the public and found 13 persons on Colt Island off the Skerries coast. After assessing the situation, Skerries Lifeboat brought the 13 persons back to Skerries. The Marine Co-ordination Centre (MRCC) Dublin, advised Skerries Gardaí of the situation and requested that they meet the Lifeboat on its return to Skerries. This was done. The lifeboat reported to MRCC at 10:15 pm that they were back in Skerries and that all the people were now safely ashore.
The Marine Survey Office of the Department of Communications, Marine & Natural Resources has been investigating the private craft used earlier in the day to transport the workers to and from the Island in question. Any vessel carrying more than 13 passengers requires a passenger ship safety certificate according to the Merchant Shipping Act 1992. If the vessel was used to make several trips carrying less than 12 people on each occasion to or from their place of work then the vessel is required to hold a passenger boat licence. If the vessel does not hold a certificate or licence then the owner and Master shall be guilty of an offence.
The Department of Communications, Marine & Natural Resources has also initiated an investigation from the Seafood side as a person placing live periwinkles on the market for human consumption must ensure that the periwinkles comply with specific standards laid down in EU Directive 91/492/EEC. These standards relate to the microbiological standards of the product and its general fitness for human consumption.
A Garda investigation into the incident has been undertaken.
The Labour Inspectorate of my Department been in contact with relevant colleagues in the Garda Síochána, the Department of Communications, Marine and Natural Resources and the Health and Safety Authority. An Inspector has interviewed the boat owner and two of the Latvian people who were gathering the shellfish. It has not been possible to establish any detail of an employment relationship and the Latvian interviewees made no complaint.
The Latvian Embassy has been contacted in the matter to ascertain if any complaints had been received there in connection with the incident. It appears that there have not been any complaints received. The Embassy was assured that any complaints will be investigated and advised that in the event an employment relationship is established, the Inspectorate will undertake a full inspection of relevant employment records and pursue any non-compliance with legislation within its remit.
The Health and Safety Authority, which is responsible for the enforcement of the Safety, Health and Welfare at Work Act 2005 and other relevant worker protection legislation, has been liaising with the Gardaí on this matter also, and investigating every avenue possible. However, concrete information has proved hard to come by and it is difficult to make progress especially when the main parties concerned are not contactable and have not submitted complaints.
I am aware that here have been subsequent newspaper reports of an interview reportedly given to a Latvian newspaper by one of the group picked up by the lifeboat, who is said to have stated that the group in question were never in danger and never requested help.
While investigations in this matter are not yet complete and while further information may yet come to light, I would invite Senators to consider how the information now available compares with the serious and sweeping allegations made by various parties at the time. We should all be wary of being dogmatic in the absence of relevant information.
Employment Agencies
I understand that Senators expressed concerns about the alleged activities of some employment agencies or recruitment companies.
In this area, I can advise that Section 20 of the Protection of Employees (Part time work) Act, 2001 provides that all employee protection legislation, including the National Minimum Wage Act, 2000 applies to workers from overseas just as it applies to Irish workers. If Senators have any specific information that workers from overseas are being paid less than the statutory minimum wage or are being charged by employers for seeking employment for them, a practice which is unlawful under the Employment Agency Act, 1971, they should pass this information to my Department which will investigate the matter. This is also the most effective course of action if senators believe that specific employees have had monies illegally withheld or otherwise deducted from their pay.
When dealing with the issue of employment agencies, I should mention that the Employment Agency Act, 1971 is under review. This is not surprising when we consider the length of time since its enactment and reflect on the very significant changes in the economy over that period. In June 2005, my Department issued a policy paper as part of this review and invited submissions to be made by 15 July. A total of 9 submissions was received. My Department is currently examining the various matters raised by the respondents. It is my intention that, following further consultations with various interests and completion of the deliberative process, the Heads of a Bill will be prepared and Government approval will be sought to have a Bill drafted by the Office of the Parliamentary Counsel to the Government.
It is my intention that a Bill should be published in the first half of 2006.
Employment Rights Compliance
The Government is acutely aware that the evolving labour market has brought new demands and challenges for those engaged in delivering employment rights information and the administration and enforcement of employment rights generally. The Government is also aware of certain abuses encountered in recent years and appreciates that there is public concern that some employers have been engaging in behaviour which, while not in itself illegal would be considered exploitative by reasonable people. I think it is opportune, therefore, to outline to the Seanad a number of initiatives being currently undertaken that are specifically focused on the improvement of our Employment Rights framework, both in the short and medium term.
The Employment Rights Compliance Group consists of representatives of the Social Partners and several Departments. It is going through some 40 proposals contained in the Report on the Mandate and Resourcing of the Labour Inspectorate and is seeking to establish how much consensus exists regarding these and a couple of other proposals made by the Social Partners. This Group is working towards the formulation of a thoroughly revised model of employment rights enforcement that will see redress mechanisms streamlined and a level competitive environment for those employers who are fully compliant with employment rights legislation.
An independent Review of the Joint Labour Committees was completed recently. Arising from this review and, following bilateral consultations with Social Partners and Stakeholders, my Department is now preparing a paper that will be used as the basis for implementation of the Review in further consultation with the Social Partners and Stakeholders.
The Employment Rights Review Group comprises representatives of several Departments, the Employment Rights Bodies and the Social Partners, and is following up on the Government mandate to:
- Guide and drive the implementation of Government Decisions on the role and functions of the Employment Rights Bodies
- Ensure the complexity of Employment Rights legislation does not impede understanding and compliance.
The objectives of the exercise are to ensure:
- Streamlining of the roles of the Employment Rights Bodies
- Simplification and consolidation of the corpus of employment rights legislation.
It is to be expected that the work underway will feature in any forthcoming social partnership negotiations.
A major investment in the education, particularly of migrant workers, and on the dissemination generally of employment rights information is being planned. This will consist of the strategic targeting of information at those most in need of it. The delivery mechanisms and content will be formulated in consultation with Social partners and others.
Employment Rights compliance will be a feature in what may be the next round of Social Partnership and discussions with the Social Partners are well advanced both in relation to the development of the legislative framework and the approach to adopt in relation to the ensuring compliance. I am confident that an effective and more user friendly structure will be achieved.
As Senators will note, the State is being quite active in the area of employment rights protection and compliance. Much of what is being done is effectively the review and modernisation of the already large corpus of legislation which has been in place for some years now. Indeed, Irish legislation in this area mirrors the broader EU social protection framework. This needs to be recalled because, sometimes, critics speak as if there were no protection in place and as if employees in Ireland had no statutory rights and are at the mercy of a winner-takes-all economic system. This is clearly not the case and the work of the Employment appeals Tribunal, the Rights Commissioners, the Equality Tribunal and the civil Courts will testify to this.
Senators will be aware that the number of Labour Inspectors has recently been increased from 17 to 31.. This will add significantly to the capacity of the inspectorate top ensure compliance with the law and to investigate complaints. However, we cannot expect to have an inspector at every street corner any more than we can expect to have a Garda presence on every rural road at 3:00 a.m. in the morning. If the inspectorate is to be in a position to deliver the kind of service demanded by society it will have to have the active support of that society. In practice this means that those coming into possession of solid information regarding breaches of employment rights and denial of employment rights will have to be prepared to share the same with the inspectorate to enable an investigation and, where appropriate, a prosecution. A civil society alert to its responsibilities can make a significant contribution to the work of bodies such as the Labour Inspectorate and can help to improve the already high level of compliance with employer obligations.
I trust that the developments I have outlined will help to inform Senators of the Government’s approach in this area and will indicate clearly improvements to be expected over the coming year. I will listen with interest to the contributions to this discussion from Members of the seanad.
ENDS
LA 153
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