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Da´Il E´Ireann Vol. 609 Wednesday, No. 1 2 November 2005 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Wednesday, 2 November 2005. Business of Da´il……………………………… 1 Ceisteanna—Questions Minister for Enterprise, Trade and Employment Priority Questions …………………………… 1 Other Questions …………………………… 17 Adjournment Debate Matters …………………………… 32 Leaders’ Questions ……………………………… 33 Ceisteanna—Questions (resumed) Taoiseach ………………………………… 49 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 62 Order of Business ……………………………… 64 Social Welfare Consolidation Bill 2005: Motion …………………… 71 Health and Social Care Professionals Bill 2004 [Seanad]: Order for Report Stage …………………………… 72 Report and Final Stages …………………………… 72 Private Members’ Business Irish Unification: Motion …………………………… 97 Adjournment Debate Industrial Relations …………………………… 131 Criminal Prosecutions …………………………… 139 Questions: Written Answers …………………………… 145 1 2 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 609 Volume 609 De´ Ce´adaoin, 2 Samhain 2005. Wednesday, 2 November 2005. ———— Chuaigh an Leas-Cheann Comhairle i gceannas ar 2.35 p.m. ———— Paidir. Prayer. ———— Business of Da´il. the decisions of ICTU and SIPTU to defer entry An Leas-Cheann Comhairle: Deputies should to talks on a new social partnership agreement, note the reason for the delay was that the House the steps he has taken and the proposals he has cannot commence proceedings until a quorum is formulated to address concerns regarding the present. protection of workers’ jobs, pay and conditions of employment from displacement in favour of cheap labour involving the exploitation of non- Ceisteanna — Questions. national workers; and if he will make a statement on the matter. [31717/05] Priority Questions. Minister of State at the Department of ———— Enterprise, Trade and Employment (Mr. Killeen): I propose to take Questions Nos. 100 Social Partnership. and 101 together. 100. Mr. Hogan asked the Minister for A comprehensive body of employment rights Enterprise, Trade and Employment the initiatives legislation is already in place. It has as its objec- he intends to take to improve employment stan- tives the protection of employees against arbi- dards as requested by the Irish Congress of Trade trary behaviour by employers, provision for the Unions in the context of the renewal of social safety and health of workers and to foster labour partnership; the progress or otherwise that is market harmony by promoting policies that mini- being made in the dispute between Irish Ferries mise conflict and maximise fairness. While recog- and SIPTU; and if he will make a statement on nising the exceptional circumstances which have the matter. [31861/05] arisen in the maritime sector, it is important to remember that all labour law on the Statute Book 101. Mr. Howlin asked the Minister for applies to non-national workers working in this Enterprise, Trade and Employment, in view of country in the same way as it applies to Irish 3 Priority 2 November 2005. Questions 4 [Mr. Killeen.] dialogue in the context of the partnership workers. If a non-national worker feels he or she process. is being treated by his or her employer in a way I understand that the Irish Ferries dispute has which breaches any employee protection legis- been referred to the Labour Court, an indepen- lation, it would be open to him or her to refer a dent statutory body that acts independently in case for adjudication to a quasi-judicial body or carrying out its functions. I have no function person such as a rights commissioner, the Labour regarding the decision-making process of the Court or the Employment Appeals Tribunal. court. Following the announcement on 12 April last, 31 inspector posts are sanctioned for the labour Mr. Hogan: Will the Minister of State comment inspectorate. This represents almost a doubling of on the fact that, in the context of Irish Ferries the complement of inspectors in the past 12 changing its workforce in a very unorthodox months and is indicative of the Government’s fashion, the Taoiseach cast doubt in the House determination to ensure compliance with employ- on the legality of its conducting its business in ment rights legislation. such a manner? Has the Taoiseach or the Mini- Apart from strengthening staff resources, other ster of State checked the legality of the move by initiatives are also under way. Arising from a Irish Ferries to change its workforce from commitment in Sustaining Progress and to assist indigenous Irish to migrant labour? Is that now in the preparation of proposals for consideration legal? If not, does the Minister of State intend to by Government, a discussion document was pre- change the law to prevent the activity in question pared by the labour inspectorate on its mandate from proceeding? and resourcing. The document covered the full The Minister of State said that approximately range of issues that impact on the operation of 40 issues relating to employment law and stan- the labour inspectorate, extending from the legis- dards were being considered in the context of lative framework through to operational aspects partnership. What is the Department’s thinking and staff development. It has been well received on those issues, and will the Minister of State spare us from having to rely on people involved among the social partners and the parties are well with the social partners to acquaint us of the advanced in their consideration of the proposals, issues under consideration? The democratic pro- of which there are in excess of 40. The objective cess of this House requires that he inform it of is to formulate a set of recommendations for the 40 ideas that he has said are being considered. Government and it is intended that the process will feed into and complement any future part- Mr. Killeen: The Deputy has raised several nership discussions. issues. In the first instance, any legislation that On 24 May last, I announced a programme of might arise would clearly be a matter for the action in response to the report and recommend- Department of Communications, Marine and ations of the review group on the role and func- Natural Resources. However, I had a meeting tions of the employment rights bodies and follow- with the Minister of State at the Department, ing consultations with the various interested Deputy Gallagher, and subsequently with parties. This included the establishment of an officials from it and the Department of employment rights group, ERG, comprising rep- Enterprise, Trade and Employment on these resentatives of my Department, the employment issues. As Deputy Hogan said, legal advice was rights bodies and the social partners. The ERG is sought on a range of issues. to consider how best to simplify and streamline The suggestions and recommendations made the complaints, appeals and enforcement pro- during Question Time a few weeks ago were pur- cedures and documentation across the various sued at European and other levels. No definite employment rights bodies. It will also examine decisions have been made in that regard, but the the extent to which common procedures and a matter is being followed up by the Department of simplified approach to the conduct of hearings or Communications, Marine and Natural Resources. investigations can be adopted, leading to pro- There have already been more than 40 recom- cedural simplification and improved customer mendations which will be brought to the attention service. Its work should be completed by the end of the House at the appropriate time. Some of of next year. them concern resourcing and others additional The concerns expressed by the Irish Congress legislation or amendments to existing laws. Some of Trade Unions and SIPTU to which the Deputy are fairly simple and others quite complex. They refers raise complex legal and policy issues. The deal with the resourcing and mandate of the Government is, however, committed to taking labour inspectorate. whatever steps are feasible, through legislation or otherwise, to develop in partnership with the Mr. Howlin: The Taoiseach wrote to the pres- ICTU and employers a meaningful package in the ident of the ICTU outlining his views on the pro- area of enhanced employment standards gener- tection of workers. That was found wanting and ally. Those issues can best be advanced through both the Irish Congress of Trade Unions and 5 Priority 2 November 2005. Questions 6 SIPTU have declined the invitation to participate in the year and subsequently the positions were in talks on a successor agreement to Sustaining advertised. There were not sufficient candidates Progress. Has there been any further communi- on the first round of interviews. A second round cation from the Taoiseach to the ICTU to clarify of interviews was held and completed in the his position? middle of October. I understand the positions will The Minister of State seems to believe that the now be filled. The inspectors will have to be Irish Ferries dispute is a unique aberration in this trained and that process will have to be country’s labour relations. Has the exchange of undergone—— legal views between the ICTU and the Depart- ments that the Taoiseach told the House was tak- Mr. Howlin: My question was about how many ing place actually happened? What is the current were in place. legal situation? Does the position that the Taoiseach relayed to the House on 26 October, Mr. Killeen: I will find out the exact infor- that it would be extremely difficult in Irish and mation for the Deputy. I understand that some international law to deal with the issue of re-flag- from the first round may already be in place. ging, remain the Government’s view? Those appointed from the second round have not Regarding the Minister of State’s reply that 31 been trained as yet.
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