Eamon Gilmore
Question:14 Mr. Gilmore asked the Minister for Labour the plans he has to protect the position of agency workers and to improve the supervision and control of employment agencies; and if he will make a statement on the matter.
Ceisteanna — Questions. Oral Answers. - Agency Employment.
As stated in the Programme for Economic and Social Progress, the Government have agreed to have the position of agency workers and the legislation relating to the control of employment agencies examined.
At present I am considering how best to fulfil that commitment in the context of the relevant proposals of the EC Commission concerning areas such as non-standard forms of employment.
It is important to stress that in relation to agency workers the task of defining the precise employer-worker relationship has created difficulties. The problem arises from the unusual nature of the contracts of some agency workers which make it impossible to identify whether it is the agency making the placement or the body for which the work is being done that is the actual employer. My Department have had consultation with the Department of Social Welfare on this issue.
In relation to employment agencies, which are governed by the Employment Agency Act, 1971, questions relating to the control and regulation of such agencies which have emerged in administering the legislation during the last 20 years are being examined. Also the implications of the completion of the internal market must be taken into account.
I should point out that by and large the 200-odd licensed employment agencies in Ireland are well run and the number of complaints has been negligible.
However, I consider that some attention should be given to revising criteria in relation to the granting of licences, particularly in relation to the vetting of applicants. I am also examining the question of whether the scope of the Act should be extended to include categories of employment not previously covered, one example being au-pairs.
I acknowledge the reforms introduced by the Minister for part-time workers, but I ask him whether he would agree that, especially in a climate of high unemployment, some of the most serious exploitation takes place in relation to agency workers. Many of those workers are either young people or women; by definition they are very vulnerable, tend not to be trade union organised and in some cases are subject to very serious exploitation. At the end of the studies and investigations referred to by the Minister does he intend before the end of the year to bring forward legislation to deal with the problem, or how quickly could such legislation be introduced?
As I said in the House during the debate on legislation for part-time workers, the same section of the Department would start examination of this matter as soon as the previous legislation was dealt with.
The position is similar to that pertaining when the Department started work on the legislation concerning part-time workers. There was then and there is now very little data available at the outset. It is very hard to know how many people are involved or what kind of difficulties exist. However, I do accept what Deputy Rabbitte says: there are people who would be in a legal limbo in relation to their entitlements. In some instances they would also experience great difficulties with their employers. I am learn-ing hard from letters received from employers who are unhappy about loopholes being closed, as happened after legislation was passed for part-time workers. As one goes on one finds out the things that have been happening.
My Department and I have to try to establish just what is the best way to tackle the problems. At this stage we are trying to compile numbers and use data available from the Department of Social Welfare. I should prefer to wait until the autumn, when the section will be finished its investigations. The section is now strengthened by the knowledge gained during work carried out on the part-time workers' legislation. Some of the evidence used in that process can be carried over into this area.
As I have mentioned in my reply, a real problem is that the High Court did determine in a case, in which I as Minister for Labour was involved against a company, that an employee who had been with a company for two and a half years was not an employee of either the company or the agency. It ruled that the employee, therefore, had no entitlement to holidays under the Holidays Act. I certainly do not want to make any comment on the decision, but it does open a question of examination, which will have to be worked on.
Next question, please.
Would the Minister not agree that part of the problem in this area regarding supervision is a shortage of inspectors, that there is an insufficient number of inspectors in the field, that there is no way that legislation can be implemented without a larger inspectorate and that there is a need for finance to be provided for that?
That is a separate question, Deputy O'Sullivan. We shall now deal with Question No. 15.