Ryan, Brendan

Wednesday, 10 November 2010

Seanad Éireann Debate
Vol. 205 Nbr. 10


Order of Business (Resumed)

Yes IndicatorVoted Yes More Button

EU Directive on Temporary Agency Work: Statements

I welcome the Minister of State, Deputy Calleary. We are dealing with the temporary agency workers directive 2004/104/EC which must be transposed into Irish law. It was published on 5 December 20...More Button

I welcome the directive which is a good one. Its transposition into Irish law would be welcome. I hope it will result in legislation of which we can all be proud. The equal treatment principle w...More Button

I am against the concept of a qualifying period for equal treatment. Such a concept is alien to me in terms of people’s rights. There should be equal treatment from day one. Nobody should ...More Button

The directive deals with the triangular relationship; the employment contract on the one hand and commercial contracts on the other hand. Employment agencies are outside the scope of the directive...More Button

A possible derogation is envisaged on Article 1.3 which refers to member states after consultation with the social partners providing that the directive does not apply to employment contracts or re...More Button

Article 3 deals with adopting definitions. In his commentary the Minister of State referred to adopting the definitions contained in the Organisation of Working Time Act 1997. That is positive. ...More Button

There are questions surrounding whether more generous conditions should apply to agency workers in respect of their working times. To do otherwise would be to go against the principle established ...More Button

I differentiate between profit sharing, pensions, etc. There is a case to be made for considering existing long-term arrangements outside the context of the directive, but I am open to being convi...More Button

Possible discrimination against pregnant women and nursing mothers is an issue. In a regular employment arrangement risk assessments must be made for all types of work in an organisation, but addi...More Button

The question of who monitors the relationship is important. To test for equal treatment, a worker will make a local comparison. Difficulties in this regard might arise in respect of newly created...More Button

Where dispute resolution is required, the obvious action would be to approach the agency first. If this does not resolve it, a claim could be pursued with the Labour Relations Commission, LRC, the...More Button

Regarding penalties and remedies, it is stated penalties should be effective, proportionate and dissuasive. This is a good and useful set of criteria.More Button

A question arises as to whether the employer or the hirer is responsible for dealing with health and safety issues and risk assessments. This grey area may pose practical difficulties and will nee...More Button

What if an agency acts in good faith on the basis of information provided by the hirer? Perhaps a standard provision addressing matters such as this could be included in commercial contracts.More Button

I like the directive. It is progressive, simple in its layout, easy to read and likely to achieve its objectives of protecting agency workers, improving the quality of agency work and ensuring equ...More Button

There is great potential for abuse.More Button

National Housing Development Survey: Motion

The National Housing Development Survey, published by the Ministers of State, Deputy Cuffe and Deputy Finneran, is an important, welcome and much-needed report. It eliminates the unsubstantiated r...More Button

A housing development, by definition, comprises two or more dwellings set out in free-standing, semi-detached, terraced, duplex or apartment format. A special advisory group was set up to tackle t...More Button

One glaring omission from the group was the residents of these ghost estates. They should have been included to introduce the consumer aspect into the group’s deliberations. While many of t...More Button

Senator Mooney claimed there will be a quick uptake of these houses when demand returns. How long do we have to wait for that? Demand may not return for up to ten years and the outlook for the qu...More Button

Dwellings considered complete by the survey are not necessarily so as the finer details of building regulations and planning permission may have been overlooked. Dwellings without outstanding work...More Button

In many ways, the survey is an understatement. Fingal County Council has 125 ghost estates with Balbriggan especially badly affected with 2,809 unoccupied dwellings, including the Hastings estate ...More Button

Innovation is required in this regard and the social housing list can be greatly reduced if these occupied houses are utilised. It is unacceptable, however, to say that everything will be fine whe...More Button