I propose to take Questions Nos. 257 and 258 together.
There is already legislation in the area of self-employed commercial agents. In 1986 the European Community adopted Council Directive 86/653 EEC of 18/12/86 obliging member states to give legal protection to self-employed commercial agents. This directive was transposed into Irish law by two statutory instruments, SI No. 33 of 1994 and SI No.31 of 1997. Under the legislation a commercial agent is a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person, the principal. The directive and the two statutory instruments contain a wide variety of requirements dealing with the regulation and protection of commercial agents and their principals and their respective rights and obligations. The legislation primarily governs the remuneration structure and contains details of commission calculations as well as minimum notice requirements to terminate the contract between the agent and the principal.
My officials have checked with the various relevant enforcement agencies of my Department and they have not received complaints in the nature described by the Deputy. However, if the Deputy has additional information that he can supply we can consider the matter further. The Deputy will be aware that commercial agents are not employees and, as such, are not covered by employment rights legislation.