Dáil Éireann Debate, Wednesday - 27 September 2006
930 Mr. Quinn asked the Minister for Enterprise, Trade and Employment the reason Ireland has not ratified the International Labour Organisation’s Convention 181 on Private Employment Agencies adopted in 1997; when this Convention will be ratified and enacted in Irish law; and if he will make a statement on the matter. [28228/06]
Amharc ar fhreagraILO Convention No. 181 on Private Employment Agencies was adopted at the International Labour Conference in 1997 and came into force from 10 May 2000. To date, the Convention has been ratified by only 20 Member States of the ILO.
Ireland only ratifies ILO Conventions where we can accept every single provision and where our legislation can be fully in conformity. This also allows fully for proof of compliance. The fact that Ireland has not ratified a particular Convention does not mean that we do not have in place effective and up-to-date legislation and enforcement mechanisms relating to the sector in question, i.e. such legislation tends to reflect an approach developed within a broader EU framework.
Ireland has not ratified ILO Convention No. 181 as some of its provisions, such as Articles 8 and 11, relating to conditions of employment for workers employed by private employment agencies, including migrant workers, were not compatible with the provisions of the existing Employment Agency Act 1971. A Review of the 1971 Act has been well advanced as part of the Government's commitments under the last Social Partnership agreement, Sustaining Progress.
Under the new Social Partnership agreement, Towards 2016, the parties have agreed on the need for the improved regulation of employment agencies and appropriate protection for agency workers. It is intended that new legislation replacing the 1971 Act will be published before the end of 2006 reinforcing the existing system of regulation by requiring all employment agencies established and/or operating in the State to hold a licence and will set out the conditions for the granting of a licence.
The new legislation will also put in place a statutory Code of Practice covering the standards of behaviour for employment agencies. Compliance with the Code of Practice will be a condition of licensing. The terms of the new legislation and Code are being developed in dialogue with the parties to the new Agreement and other relevant interests. In preparing the new legislation and the Code of Practice, regard will be had to the provisions of ILO Convention No 181.
The proposed legislation will be considered by the Oireachtas and, if enacted, will allow the Government to decide if ratification of ILO Convention 181 is feasible and desirable.
