asked the Minister for Labour if the terms and conditions for the employment of security personnel on contract by State and semi-State bodies as laid down in the registered agreement for security, lodged with the Labour Court, are currently being applied in the case of security companies.
Ceisteanna—Questions. Oral Answers. - Security Industry Employees.
22.
The Registered Employment Agreement (REA) Security Industry sets out the basic minimum terms of employment of persons employed by companies operating in the security industry to provide a security guarding service, static guards, for clients of their employer. These minimum conditions of employment are applicable to all persons coming within the scope of the REA whether on contract to State, semi-State bodies or private sector companies.
In addition all Government Departments have been advised of the minimum conditions of employment applicable and it would be necessary for any contractor to satisfy the employing Department that it was observing all statutory provisions prescribed in the relevant REA.
Inspectors of my Department carry out inspections on a complaint basis of the wages records of employers providing a security service, to ensure that all statutory provisions of the REA are being observed.
Is the Minister aware that in this profession there are quite a number of fly by night operators who do not observe the minimum rate per hour? The Minister said that a directive had gone from his Department to various Government Departments, but is he absolutely certain that there are no abuses? A bona fide operator could be under priced by someone who is not obeying the rules.
As the Deputy said a year ago, these fly by night operators were highlighted and I undertook then to ask the secretary of the Government contracts committee to instruct all Government Departments to include a clause in their contracts concerning the obligations of employers in terms of employment regulation orders and registered employment agreements. I know all of the data was given and I hope the rules are being fully implemented. If a Deputy has any information to the contrary I will get it examined, but it is now written into the contracts.
Would the Minister be prepared to introduce legislation to ensure that all companies are licensed in line with the recommendations of the Dáil Committee on crime, lawlessness and vandalism?
That is a separate question, but the employment regulation orders and the registered employment agreements would have statutory effect as being registered Labour Court agreements. Any one breaking those agreements would be breaking the law. I know there are some fly by night operators but in relation to Government contracts particularly these rules are written in and I can only assume they are observed.
Will the Minister accept from me, as the person who negotiated the joint registered agreement in question, that it is indeed being breached by Government Departments? I could give as an example to the Minister the case of the Labour Court in his own Department where a company not so registered is employed. At least, it did in my time a very short time ago. Is it not appropriate now that the Minister should seek to enforce the direction he has given to the Government contracts department to ensure that Government Departments incorporate the terms of the agreement when employing companies to provide security?
I congratulate the Deputy on his outside activities. I think it is a good agreement. I will be very disappointed if what he is saying about the Labour Court is true, but I will examine that or any other such case. It is written into the contracts and since it is a binding agreement in the Labour Court——
Is it enforceable?
I am a former security worker. Is the Minister aware that, while legislation may be there, it is not being applied? Because this legislation is not applied or enforced rigidly, legitimate companies are now being put at risk with many hundreds of jobs also at risk.
The question is in regard to what happens in contracts in State and semi-State bodies. It is less than a year since the 14 employment regulation codes orders and the six registered employment agreements were passed. At that stage we instructed that these should be written into all Government contracts in any of those areas, not just security. I have mentioned one case which I will investigate. If there are others I will examine them.