Posted on July 06, 2016
I welcome the Minister, Deputy Mitchell O'Connor, to the House. I also welcome the opportunity to debate this Private Members' Bill, which the Labour Party group of Senators introduced on Second Stage on 20 January of this year. On that date, it was not opposed on Second Stage by the then Minister, Deputy Richard Bruton. We have now brought the Bill back on Committee Stage and it is unusual in the sense that it is a Private Members' Bill going through Committee Stage but we anticipate we will have cross-party support on it. I thank my colleagues on both sides of the House for expressing support for this Bill. I also welcome the many observers here in the Gallery from across the trade union movement and from the ranks of freelance workers, many of whom are in the acting and journalism professions where the issue of bogus self-employed, if I may call it that, is very widespread.
Section 1 provides for certain definitions while section 2 provides for the substantive issue. This Bill stems from a longstanding Labour Party commitment to ensure protection of the right to collectively bargain for vulnerable workers who are freelance, particularly those in the arts, creative and media sectors. Senator Ged Nash and myself have worked on this for some time. It dates back 14 years to a ruling by the then Competition Authority, now the Competition and Consumer Protection Commission. In 2004, it ruled, applying a very restrictive interpretation of the Competition Act 2002, that a collective agreement between Irish Equity and the Institute of Advertising Practitioners in Ireland was in breach of competition and that was an agreement that has set rates for voiceover artists. To give colleagues something of the practical import of this, until then, it was accepted that, for example, unions could publish freelance fees guides. This is a particular issue in the arts and creative sectors, in acting and so forth, where unions such as Equity and NUJ had long made agreements about minimum fee rates, a minimum floor of rights for freelance workers, many of whom were employees in all but name. I am talking about people like session musicians, voiceover artists and freelance journalists. As result of the 2004 ruling by the Competition Authority, that sort of agreement of setting a minimum floor of fees was now seen as in breach of competition law.
Posted on July 05, 2016
I welcome the Minister back to the House. I also welcome the opportunity to debate this important issue. All of us and others outside the House have spoken of the wider context in which the Bill is being proposed. All of us have seen horrific murders in recent weeks and months. Many have mentioned the shooting today in Lusk and there was another shooting last week very close to where I live in a busy shopping street in the south inner city. All of us have been shocked by the brutality of these murders and shootings and by the recent violence, although we acknowledge they represent only a small number of individuals who are connected to an international and national drugs trade and to criminal organisations. That is the context within which the Bill is being introduced and, clearly, a key aim of the Bill is to act to seek to tackle those involved in criminal organisations at low and middle level. I recognise that tackling organised crime at all levels is a priority for the Government and all of us acknowledge that. There is no doubt that the escalation of crime, particularly in inner city Dublin in recent months, requires a proactive approach.
I and my party colleagues in the Labour Party would emphasise, and I am sure most would agree, that tackling this level of this type of organised crime requires tackling the core issues of disadvantage, of drug use and of tackling these in a way where we do not only have a criminal justice approach. I share Senator Ruane's concern about criminalising addiction and my colleague, Senator Ó Ríordáin expressed that view recently in a debate on the misuse of drugs legislation. We would clearly support a model that would examine much broader issues and that would redirect attention and investment towards disadvantaged communities suffering from a lack of opportunity. We drafted our amendment along the lines of the amendment, to which Senator Mac Lochlainn referred, concerning the ring-fencing of any proceeds or money confiscated towards disadvantaged communities.
Posted on June 23, 2016
I welcome the Minister, Deputy Flanagan, back to the House and I congratulate him on his reappointment as Minister for Foreign Affairs and Trade. I look forward to working with him, as I am now Labour Party spokesperson on foreign affairs.
I commend the Government on the work that has been going on as detailed in the Minister's speech. This has included interventions such as the Taoiseach's article in The Guardian, supporting the "Remain" side while being sensitive to the fact that this is a matter for a different jurisdiction. However, it is clear that we have a major interest in this as citizens and residents of the neighbouring island. The Labour Party leader, Deputy Howlin, was in England last Thursday campaigning on the "Remain" side among the Irish community there.
It is impossible to take part in today's debate without mentioning, as others have done, the brutal murder of Jo Cox on Thursday. We paid tributes to her yesterday. We note that today would have been her 42nd birthday. For many of us the ugly rhetoric that had come to characterise some of the anti-immigration arguments on the "Leave" side consolidated the view many of us had of strong support for the "Remain" side. That ugly rhetoric was perhaps summed up in the awful poster revealed by Mr. Nigel Farage, MEP, last Thursday, which clearly plays on racist sentiment.
We have a direct connection. We have a very close relationship with Britain. For some of us it is closer than that. I emigrated to England and voted in previous British elections as an Irish citizen resident in England. Indeed now as a Dublin University Senator, I represent many Irish citizens who have a vote in the referendum. Some weeks ago I spoke with Trinity alumni in Derry and have been in contact with Trinity alumni branches throughout Britain and Northern Ireland. I am very heartened to hear back from so many of our graduates there who are so passionately on the "Remain" side and have been doing a great deal of work canvassing other Irish citizens resident in Britain to seek their support for the "Remain" side. I speak with people such as Nick Beard, whose blog on headstuff.org provides very compelling reasons for the UK to remain in the EU.
I speak with Brian O'Connell from the Irish4Europe campaign group. He has noted that with over 600,000 Irish-born people living and working in Britain, it is a larger group than citizens from many other EU jurisdictions and could be very influential in the result of the referendum, particularly given how close the sides appear to be according to polls.
As many have said, if the UK votes to leave, one of the main concerns for us on this island would be the citizens in the North. Most of us are very dismayed at the position that the Secretary of State for Northern Ireland, Ms Theresa Villiers, has taken on the "Leave" side, not seeming to recognise, as the historian, Roy Foster, has said, that a vote for Brexit could be disastrous for the advances we have seen in relations between the Republic and Northern Ireland. We should not take for granted the huge role the EU has played in British-Irish relations and its role in the peace process. British and Irish partners sitting as equals side-by-side at international tables of the EU from the early 1980s onwards arguably did more than many things to improve British-Irish relations and to begin processes leading to the Good Friday Agreement. That is an important factor for us.
It is also important not to be dismissive of all of the arguments on the "Leave" side because clearly there are people on the "Leave" side who genuinely believe in Brexit without adhering to the horrible rhetoric of Mr. Nigel Farage, MEP, and his allies in UKIP.
Some of the arguments on the "Leave" side indicate a very high level of disillusionment with the EU - a sense of a democratic deficit, as Senator Higgins mentioned, a sense of concern about democracy and decisions being made by an unelected Commission. Many of us feel that consolidated action is required to tackle that. We need the added voice of Britain at the table to help us in countering that and putting the case, for example, for a social Europe and in putting the case for the need for the EU to have a united front facing crises such as the economic crisis felt so recently and indeed the crisis of so many refugees seeking to enter Europe.
There are also very strong arguments to remain on economic and social grounds, in particular the strong economic evidence so many have pointed to. The ESRI, for example, has pointed to enormous losses for Ireland as a crucial partner with the UK. There are many reports on the adverse economic effects for the British economy should the Brexit side prevail.
However, there are also very strong social arguments for remaining in the EU. We should not forget that the Nobel committee presented the EU with the Nobel Peace Prize in 2012, noting the EU's work over six decades in advancing peace and reconciliation, democracy and human rights in Europe. The EU serves as an example to many other countries of what can be achieved through solidarity and transnational co-operation.
The EU's work in terms of the social Europe and progress for equality and in particular for women's rights should not be taken for granted. The SNP leader, Nicola Sturgeon, has emphasised the progress for women as a result of EU membership. Also in Britain, Frances O'Grady of the Trades Union Congress published a report entitled Women's Rights and the Risk of Brexit, making the point that Brexit risks turning the clock back decades on hard-won rights. The socialist movement in Europe has a strong tradition. The red flag of the Labour Party was first marched under in 1831 in Merthyr Tydfil by oppressed miners and red remains the colour of many of our social democratic partners in Europe, such as the SPD in Germany. We see a strong sense of European and national identity emerging from these movements around workers' rights, trade union rights and women's rights.
While the decision clearly rests with others tomorrow and not in this jurisdiction, for us the Brexit debate clearly raises many worrying sentiments and we need to challenge some of the arguments for Brexit and meet them with confidence because the European project of an open society of international solidarity of trust and mutual co-operation is an ideal that is worth supporting and worth building upon in co-operation with our neighbours. We need to have the confidence and leadership here and elsewhere to counter racist and narrow-minded commentary about immigration and we need to plan for a brighter future.
My hope along with that of so many others is that the UK will vote to remain and we can all work together to face the crises that will confront the EU in the rest of the 21st century.
Posted on June 22, 2016
I wish to share time with my colleague, Senator Ó Ríordáin, with the slot divided in three minutes and two minutes. I stand to pay tribute to Jo Cox, MP, and join the tributes being paid by others as leader of the Labour Party group in the House, as a woman Labour Party public representative and as a mother of two young children, as Jo Cox was.
Posted on June 15, 2016
Speaking this morning in the Seanad, Senator Ivana Bacik called for an urgent response from the Taoiseach and the Government to the ruling last week by the UN Human Rights Committee that Ireland had breached the rights of the applicant Amanda Mellet due to the prohibition in Irish law of termination of pregnancy under the Eighth Amendment, even in cases of fatal foetal abnormality.
Commending Amanda Mellet and the Termination for Medical Reasons group for their courage in taking their application to the UN and in raising the issue of fatal foetal abnormality, Senator Bacik said:
Posted on May 24, 2016
Financing Higher Education – a public or private good?
CAVE Seminar, Trinity College Dublin
Mon 23rd May 2016
Posted on May 02, 2016
To all Dublin University Graduates -
Posted on April 25, 2016
Final Countdown: Dublin University Seanad Election 2016
Just one postal day left to get your ballot paper into Trinity College Dublin in time, by 11am on Tuesday 26th April, 2016!
We'll be gathering in the Exam Hall, Front Square, TCD from 9:30am to check all the declaration slips and the boxes will be open at 11am to begin counting. Hopefully we'll know by Tuesday evening who has been elected!
I want to thank everyone for all the support and votes and if re-elected I look forward to raising any issues you bring to my attention on your belhalf.
Posted on April 14, 2016
Trinity life for International Students - Thank you to those who have graduated and voted from abroad
I grew up in Cork but the family moved to Dublin when I was 14, so throughout my time as a Law student at Trinity, my family home was in Dublin – and for all Dublin students, it is great to have family support close by. So I know it can be very difficult for international students who may have travelled long distances to study in Trinity, far from their family homes. In 1989/90, when I was President of Trinity Students Union, and student welfare was a big priority for us, we kept an open door policy and all of us as SU officers worked hard to ensure students had as much support as they could get, particularly international students.
International Students are to this day very important to the Trinity community - I want to wish you all best of luck with the exams. Also to say a great big Thank You to all those Trinity alumni who have moved abroad following graduation, who are voting now from Australia, the US and Africa, among other places - and who have already given me their No.1 vote and sent kind messages of support! If re-elected, I hope to continue to raise any issues that you as graduates living abroad would like me to raise in the Seanad. Thank you!
Posted on April 11, 2016
Monday 11th April, 2016
Congratulations to all who have were awarded 'schols' bursaries and elected honorary fellows in the Trinity College Dublin community today!