Dáil Éireann debate -
Thursday, 27 Mar 2003

Vol. 563 No. 6

Written Answers - EU Directives.

Paul McGrath

Question:

55 Mr. P. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the redress available to a worker who has been employed full-time and on a continuous basis for the past five years by a Department and whose position has not been sanctioned for the coming year, in view of the fact that EU Directive 1999/70/EC has not, as yet, been transposed into Irish law; and if she will make a statement on the matter. [8600/03]

Paul McGrath

Question:

56 Mr. P. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment when it is likely that EU Directive 1999/70/EC will be transposed into Irish law; and if it is likely that the terms of this directive will be made retrospective to the time that it became law in the rest of the EU. [8601/03]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. Fahey)

I propose to take Questions Nos. 55 and 56 together.

On 28 June 1999 the European Council adopted Council Directive 1999/70/EC concerning the Framework Agreement on Fixed Term Work concluded by ETUC, UNICE and CEEP, the general cross-industry organisations at European level. My Department has drawn up the Heads of a Bill aimed at transposing this directive into Irish law and these are currently with the Office of the Parliamentary Counsel to the Government for the drafting of an appropriate Bill. I hope to have the Protection of Employees (Fixed-Term Work) Bill 2003 published by the end of April and to have it enacted as soon as possible thereafter.

One of the main provisions of the proposed Bill is to provide that abuse arising from the use of successive fixed term employment contracts will be outlawed. It also provides for contracts of fixed term employees to automatically become permanent after a certain amount of time and after a certain number of renewals.

I can confirm that the Bill, which will apply from the date of enactment, will cover employees of Departments employed on fixed term contracts. Such employees, if they are being treated less favourably than a full-time comparable employee in relation to conditions of employment, will be able to refer their case to a rights commissioner for redress – similar to other employment rights legislation.