Dáil Éireann Debate, Tuesday - 2 November 2021
5. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to research (details supplied); his views on the findings of the research; and if he will make a statement on the matter. [53079/21]
View answerThe question relates to a research paper entitled Inside Out Hospitality: A Study of Working Conditions in the Hospitality Sector in Ireland, which was published during the summer by Dr. Deirdre Curran of NUI Galway.
The findings it contains are quite stark. They are very troubling. My questions are simple. Has the Tánaiste read the paper? Was he disturbed by what is in it? Does he plan on taking any action directly on the back of it?
I thank the Deputy for raising the issue of working conditions in the hospitality sector. I have seen a synopsis of the report and the Oireachtas briefing document that Dr. Curran provided to the committee. The research by Dr. Deirdre Curran of NUI Galway, Inside Out Hospitality: A Study of Working Conditions in the Hospitality Sector in Ireland, was undertaken during 2019 and published in the summer. I was very concerned to read of the working conditions reported by the 257 hospitality workers surveyed. I have asked departmental officials to consider the report's findings. I know the research may not be representative but it still should not be discounted. Earlier this month, it was discussed at a meeting of the Joint Committee on Tourism, Culture, Arts, Sport and Media.
As the House knows, Ireland has a robust set of employment rights that protects employees. All employers in all sectors carry the same obligations regarding compliance with employment rights. The Workplace Relations Commission, WRC, is the statutory body charged with promoting and enforcing compliance with the relevant employment law statutes in the State, while the Health and Safety Authority, HSA, has specific powers on issues relating to abuse, harassment and bullying. The HSA's workplace contact unit is available to receive reports on such matters by phone or email. In addition, complaints seeking redress may be referenced by an individual employee to the adjudication services of the WRC, which will hear the complaints and issue a direction or recommendation depending on the subject matter of the complaint.
The hospitality sector is subject to announced and unannounced inspections by WRC inspectors, including at night. In 2018, the sector comprised just under 20% of inspections. In 2019, which was the last full year of unrestricted inspection activity prior to the pandemic, the sector comprised almost 40% of all WRC inspections and visits. In this regard, 14,000 employees were directly impacted by the activity and it resulted in more than €640,000 in unpaid wages being identified and paid.
I thank the Tánaiste for the response. The findings are very worrying. The Tánaiste outlined what is in place to protect workers, but the findings not just from Dr. Curran's research but also from Unite the Union's research paper, Hidden Truths - The reality of work in Ireland's hospitality and tourism sector, point to an industry where there are significant issues. As I have to say every time, it is not all employers. These findings relate to the current system the Tánaiste outlined. He has outlined what protections there are for workers. I have to put it to him that they are not doing their job if we see findings such as those in Dr. Curran's report. With regard to ill-treatment, 77% reported verbal abuse, 64% reported psychological abuse, 15% reported physical abuse and 55% have either witnessed or experienced harassment. These are very stark figures that highlight what is taking place in the climate outlined by the Tánaiste. What does he propose to do in response to these findings, which have emerged under the regime he has just outlined?
Principally, what we need to do is to encourage people to make complaints to the WRC and the HSA. No matter how many inspectors we have and no matter how robust the regime of inspection we have, it will only ever be possible to inspect a small minority of businesses at a particular level of frequency. As we all know from experience, starting with when the cigire came to school and then inspections in our workplaces, things may look fine when the inspector is there but it may be very different when he or she is not. We need to encourage people to make complaints. This can be done through the free phone line, the WRC website and the HSA. I very much appreciate in saying all of this that many people feel unable to make complaints for fear of intimidation or victimisation. Many of those working in particular sectors often come from migrant backgrounds and may have limited language competencies. This can also make it harder for them. We need to particularly target these sectors for unannounced inspections in particular.
The cigire cannot be there all of the time but, for the avoidance of doubt, the trade union will be there all of the time. This is the best defence a worker has and the best chance of vindicating people's rights at work. The Tánaiste pointed to the issues in the sector. Some of them relate to the fact that there are many migrant workers in the sector. Some of them also relate to the fact that people do not feel supported to make complaints. The solution to this cannot just be more inspections. There was only €1 million in additional funding provided for the WRC in the budget. This should be increased dramatically. If what the Tánaiste is telling me, and it appears to be, is that he is reliant on the inspection regime and people having the courage to come forward, which I do not think they will have, then we need to see additional inspectors in the WRC and in the HSA and a bit more proactive surveillance taking place. All of the available evidence suggests that where there are inspections, they are delivering for workers - not to the extent a trade union would do but it is happening. We need to do a bit more than simply just talk about more inspections. More needs to be done to speak directly to these workers.
The budget provides for increases for the HSA and the WRC next year. When it comes to the WRC, the budget provides for the recruitment of an extra ten inspectors in addition to replacing those who retire. We can build on this in the years ahead.
Another matter I am progressing is legislation on tips and gratuities. I hope to get this legislation done in the next couple of months. It will outlaw the practice of using tips or gratuities to top up wages. It is already illegal in respect of the minimum wage but not illegal when it comes to higher rates of pay. It will also ensure that electronic tips and gratuities, which are much more common these days, have to be divided fairly and equitably among the staff. As well as this, it will provide transparency to customers so they will know what the policy is on tips and service charges, how they are managed and to whom they go.
