Vol. 570 No. 2
107 Mr. Stagg asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason the Government decided, at the EU Council of Ministers meeting on 3 June 2003, to block a draft EU directive designed to protect the rights of temporary agency workers; the steps she proposes to take to ensure that such workers are given adequate protection; and if she will make a statement on the matter. [18482/03]
The Commission's amended proposal of 28 November 2002 – Document COM (2002) 701 Final – has been the subject of detailed consideration by the Employment, Social Policy, Health and Consumer Affairs – ESPCHA – Council and was the subject of a lengthy debate at the Council meeting on 3 June 2003, which I attended. I regret that it was not possible for the Council of Ministers, notwithstanding the constructive efforts made by the Greek Presidency, to arrive at a balanced compromise solution, which could be agreed by all member states on 3 June.
There is continuing disagreement surrounding three issues: the concept of a qualifying period which would apply before temporary agency workers would secure basic pay parity and equivalent conditions to those of the permanent employees in the enterprises to which they are assigned; the duration of such a qualifying period and whether it should be time-limited or transitional in character; and whether the provisions for the protection of the temporary agency workers should be complemented by the prohibition of restrictions or prohibitions on agency work which do not have the protection of agency workers and health and safety as their objective.
The European Commission's proposal would have allowed the temporary agency businesses a six-week qualifying period before temporary agency workers assigned to a user enterprise would qualify for the same terms and conditions as permanent employees. The concept of such a qualifying period is opposed by 11 member states. Ireland, together with three other countries, has been seeking to secure a significant lengthening of a qualifying period originally proposed by the Commission. An extended qualifying period is essential to enable companies develop the job performance of temporary agency workers and acquire the on-the-job training and experience required to be legitimately compared with permanent full-time employees.
Ireland has consistently sought to secure a flexible framework, which would enable member states to transpose the equal treatment provisions in a manner consistent with promoting job creation and making temporary agency work more attractive, while taking into account the varying labour market conditions pertaining to the different member states. The social partner organisations were consulted on the Commission's proposal and are fully aware of the position taken by Ireland on this measure.
The responsibility now rests with the Italian Presidency to move the proposed directive forward. The Irish Government will continue to play a positive role in ensuring that a satisfactory outcome is achieved to reflect the concerns of the various interested parties in Ireland.
Question No. 108 answered with Question No. 92.
