I should like to welcome this essential piece of social legislation on behalf of the trade union and labour movement generally. The legislation is very much overdue. The Minister is to be commended on bringing in this Bill even at this late stage in the history of social and industrial legislation in this country. At the moment some 60-odd employment agencies are in operation, the vast majority of which operate from Dublin addresses. Most of them are reputable but some of them are not. I feel that the Minister has, quite rightly, brought in general legislation which will provide elementary public protection for Irish men and women and young people who must offer their skills on the labour market at large. An effective step towards that elementary public protection is contained in this Bill.
The Bill is essentially a preventative measure, preventing exploitation, abuse and questionable practices where conditions of employment are accepted by individual workers applying for employment. I am glad to note that the Minister has indicated that, on the adoption of this Bill, he will be in a position to ratify the ILO Convention No. 96. It should be pointed out that that convention, as a general principle, hopes to see all countries abolishing the practice whereby workers generally, or employers, would have to pay a fee in respect of somebody being taken on and given a job. This is one of the essential provisions of that ILO Convention. I see nothing wrong in that because I think in a properly organised, Christian, humanitarian and socially conscious society neither an employee nor an employer should have to actually pay somebody in order to provide a job for some person. The overriding hope that we have here that this Convention will be adopted by the Minister is certainly very welcome by the Labour Party and indeed, as indicated by Deputy Richard Burke, it is also welcomed by the Fine Gael Party.
A number of questions might be raised here on this Bill. We are anxious to expedite this Bill, and if the Minister wishes he can have all Stages today. This Bill has been going through since last January and the sooner we get it on the Statute Book the better. I welcome in particular the provision, which we hope to see in operation, in relation to the placing of advertisements concerning employment in newspapers. I understand that the Minister in the debate in the Seanad and in other statements he made indicated he has had appropriate discussions with the representatives of the daily and the provincial newspapers and that they have welcomed the provision regarding advertisements for employment abroad.
The elimination of misleading advertisements, which will prevent the placing of advertisements by outside agencies or by domestic agencies acting on behalf of employers on the Continent or further abroad, is certainly very welcome to the newspaper proprietors, and particularly welcome to the trade union movement. Many of the newspaper advertisements in relation to employment in this country are indeed, open to question. Many such advertisements do not even state the name of the employer. That practice is undesirable. I have seen quite a large number of firms who have suffered from a sense of closed mindedness in terms of employment and who suffer extraordinary reluctance in telling even their own employees of a vacancy in their undertaking. They place the usual advertisements in the newspapers headed by: "National concern requires" this, that or the other in terms of employment. Very frequently underneath one finds that the advertisement is inserted by an employment agency or a consultancy firm. If we hope to have a democratic society in this country advertisement in relation to employment by all employers, whether they be employers of a trade union character, a private enterprise character, a public enterprise character or by Departments of State—we know Departments of State indicate their appropriate employment opportunities—should be openly inserted in the public Press without any kind of this allegedly confidential, behind closed doors approach which goes on in relation to many aspects of employment recruitment in this country, with the type of skulduggery that goes on in respect of interviews and in respect of placings.
I can appreciate that many workers looking for jobs do not necessarily want to disclose to their current employers that they are on the market for new jobs, and in that sense applications for employment must be confidential, but employers should not have it both ways in terms of taking on employees. Some of the advertisements are socially undesirable, socially discriminatory and socially a disgrace to an allegedly Christian community. Employment agencies and employers should be prohibited from advertising employment which discriminates on sectarian grounds, sex grounds, marriage prohibition grounds and on differentiation of wage rates. We see many advertisements in daily and provincial newspapers which indicate that married women need not apply. There is no provision in this Bill whereby that kind of practice is prohibited, that no employment agency should be permitted to advertise a job, certainly in its own agency, which would in effect say that married women are not wanted in the particular employment.
Many agencies, by virtue of employer practice and social customs in this country in relation to employment, indicate of course that differentiated sex wage rates will apply. This practice should be outlawed under the worker employment agency. We have practices also where grossly misleading advertisements have been placed by some agencies—for example, for employment in South Africa. We have seen advertisements placed by some agencies, some of them with offices in Dublin in the neighbourhood of Grafton Street, where employment opportunities of the most rosy hue and of the most socially desirable character were placed. Irish people were recruited by such agencies to go to South Africa and take up employment there. It could be a country in which they would be going into employment as white persons, a country discriminating against the coloured population. These were, in essence, apartheid advertisements accepted by newspapers here. They were not denounced as they should have been denounced by a Government professing to be a Christian Government, a Government which did not allow anti-racialist manifestations. That kind of advertising should be prohibited.
I am glad that this Bill will come to grips effectively with the abuse and exploitation of Irish men and women by fellow Irish men and women. We do a good deal of breast-beating about the practices of foreigners but some Irish employment agents have shown a scant regard for the welfare of their fellow men and women when recruiting these for employment in Scotland and elsewhere. This Bill will go a substantial way towards eliminating this kind of abuse. It is the responsibility of the Government to legislate; and when "Backbencher" castigates politicians he should remember that it is not the Opposition who should be castigated but the Government. Legislation is the responsibility of the Government and had this legislation been introduced even 12 months ago the appalling abuse of Irish workers in Scotland would not have occurred.
I share Deputy Burke's views about employment on the Continent. A great number of young girls are recruited for employment as au pairs. This is an area of employment which should be examined by the Government and steps should be taken to prevent abuses. These young girls work in continental homes in appalling conditions. Their aim is to become proficient in a foreign language. In the process they are exploited and some people collect fat fees for making the arrangements. These practices should be investigated by the Minister and steps should be taken to ensure that abuses do not occur.
My colleague in the Seanad, Senator Owens, referred to the notification of application for a licence. Notice need be published in only one daily newspaper. An intending agency need publish just one notice in The Cork Examiner and comparatively few may know that the notice has been published. The Cork Examiner is not exactly a national newspaper, though I think it could easily be one. It could be The Guardian of this country; the standard in The Guardian is not that high. Specifying just one daily newspaper could lead to subterfuge and the Minister might have a look at this provision again and specify at least two national newspapers. That would mean that intending agencies could not get away with it.
The National Manpower Service is inadequate. Private enterprise employment agencies developed because successive Governments failed to establish a proper employment service, a service which could be of great help to workers in particular. Had such an agency developed in the proper time it could have dealt with inquiries relating to domestic employment. There is unfortunately a certain snob value about some employment agencies. I hope that the work of replacement officers and civil servants in the employment offices will increase to such a degree that it will not be necessary to rely exclusively on private enterprise employment agencies to do national work.
The Minister is quite right in not having a double-barrelled register of such agencies giving a special exemption, as was sought, for a consultancy firm. This would not have been in the national interest. This is a genuine piece of legislation and as such I do not think that consultancy firms engaged in recruitment of high level staff —I like that phrase—should be treated differently from agencies involved in placing other workers—presumably low level staff, but we shall let that pass. The Minister said in the Seanad that one matter with which many of the agencies were concerned was insisting that employers publish their names in advertisements seeking workers. He went on to say, at column 1056, Volume 69 of the Official Report:
They find objections to that. They say that many firms would not wish it to be known that they are looking for particular staff. They prefer it to be kept secret. That is why they use agencies. They will not be in favour of the rates of fees being displayed because in many cases it is the employer who pays the fee. They do not always like the job-seeker to see the potential bosses' fees because they might judge what they are worth from seeing what he is prepared to pay.
That is an extraordinary statement. Certainly, many workers, if they were aware of what their employers have to pay some employment agencies, would demand a substantial increase in wages immediately. If some typists doing temporary relief work only knew what their employer is paying the employment agency they would have a picket outside his office. The Minister said that the reaction of the employment agencies is "they do not always like the job-seeker to see the potential bosses' fees because they might judge what they are worth from seeing what he is prepared to pay". I hope we find out rapidly the scale of fees of such agencies.
I have received representations from the organisation which represents about half, or at least 40 per cent, of the agencies, the Irish Federation of Employment Agents, in connection with this legislation and I understand the difficulties facing them. The points they made to the Minister have been dealt with by him at length both at his meetings with them and in the Seanad discussion and I have no doubt that the fears they expressed, particularly about confidentiality of the firm's relations with employees, are not well founded. I do not think the Department of Labour are so well equipped that they could have inspectors careering around inspecting the files of every individual looking for a job in each employment agency. I think their fears, while understandable, are not as well founded as they might think. Therefore, I think the legislation is particularly welcome. I would stress that the majority of employment agencies are reputable and provide a service but the public interest and the rights of Irish men and women seeking employment transcend the role of any agency. This legislation is most welcome. I do not want to keep the Minister from that very important meeting at 11.30. He shall have much on his mind in the next 15 minutes in that regard.