The Irish Journalist


NUJ welcomes Seanad move on rights of freelances


A significant hurdle in the battle for freelance rights in Ireland has been overcome with the all-party acceptance, at committee stage, of the Competition (Amendment) Bill tabled by Senator Ivana Bacik.


The bill, if eventually accepted, would end the legal impediment to freelance journalists being barred from collective representation by trade unions. It returns to the Seanad after the summer recess and would have to be approved by Dáil Éireann. The Competition (Amendment) Bill 2016 is


aimed at exempting some freelance or so called atypical workers from competition law, which has been used in Ireland to stop unions negotiating freelance rates or even publishing proposed fees. It has received widespread political support. Séamus Dooley, Irish Secretary, said


vulnerable freelance workers, including reporters, photographers, and voice over actors and session musicians, have been abandoned for over a decade as successive governments refused to honour special commitments made in social partnership negotiations. He said: “While the Committee stage is one step on a


long journey it is a chink of light for workers who have long been abandoned by politicians, exploited by media organisations and denied protection by the Competition Authority. “The authority relentlessly pursued a case


against voice-over actors and their union and union officials were forced to agree not to represent their members or to face a criminal conviction. It deemed collective negotiations as “price fixing”. A great deal of public money was spent on preventing freelances from being treated as workers while the shenanigans of financial institutions and powerful vested interests were ignored.” Michelle Stanistreet, NUJ General Secretary,


paid tribute to Irish NUJ members who, with SIPTU and the ICTU, have worked over many years to demand legal protection. She acknowledged the support of Senator Ivana Bacik and her colleague Senator Ged Nash and also paid tribute to senators from all sides of the house who had responded


Senator Ivana Bacik.


positively to the comprehensive NUJ lobbying campaign. For many years trade unions represented


freelance workers and negotiated with employers directly or through employer groups on their behalf. The loss of the right to bargain, to collectively represent and even to publish fees guides stems from the investigation by the Competition Authority of a collective agreement between Equity/SIPTU and the Institute of Advertising Practitioners.The Institute of Advertising Practitioners in Ireland is the employers’ association representing advertising agencies which hire actors for voice-overs for adverts subsequently broadcast on radio, television and film. The collective agreement set minimum rates of


payment and other conditions of work (including rest breaks and overtime rates) for actors employed to perform voice-overs for radio, television and film adverts. The decision of the Competition Authority (No.E/04/002 of 2004) of 31 August 2004, was that the collective agreement was in breach of s.4 of the Competition Act 2002 for the exclusive reason that each actor was considered to be a business “undertaking” and it is unlawful for undertakings to agree to fix prices for the sale of their services. The NUJ published a Freelance Fees Guide


reflecting the agreed rates and it was used by both the freelances and the employers to establish the appropriate rate for an article or photograph. The arrangement worked well and ensured that competition was on quality of work rather than lowest payment. In consequence the employers received high quality photographs and articles from the photographers and journalists in return for which those who were good were able to make a decent income


4


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14