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    Pervasive effects of precarious work

    Employment in Ireland is often spoken about in terms of the economic recovery and falling unemployment rates. However, the real issue that needs to be addressed is job quality and the types of jobs that are being created. There has been increasing recognition that for many workers in Ireland and Europe employment has become insecure, with temporary and casual work increasing. The FEPS-TASC Report, ‘Living with uncertainty: the social implications of precarious work’, sets out to map precarious work in Ireland, and the impact this type of work has on precarious workers’ lives. This research involved 40 in-depth interviews with men and women living in Ireland, aged between 18 and 40, who work or had worked in temporary employment, were employed on a part-time basis with irregular hours and/or were hired on a self-employed basis. There are many definitions of precarious work, as no agreed definition exists. However, for the purpose of this report, we are focusing on employment that is contractually insecure, which includes part-time with variable numbers of highly skilled people are now being locked into insecure employment. A number of sectors of the Irish labour market have a disproportionate share of precarious work. Eight sectors scored higher than the national average. Transportation had high levels of solo self-employment, human health was characterised by a high level of part-time work, and education had a high level of temporary work. The remaining sectors (construction, wholesale and retail, accommodation and administration and support) had two or more dimensions of precarious work at relatively high levels. “Other NACE sectors”, which include occupations such as hairdressers, sports facilities workers and artists, scored high on all three dimensions. To understand the effects of precarious work, we need to look at life outside of the workplace, like the house-hold situation and access to social supports and services. We need to examine the consequences of precarious work for quality of life because, even though the basis of contractually precarious work might be similar in different countries, the experiences differ as a consequence of the availability of public services and state subsidies – for example, universal healthcare or child-care. The following are our main findings in the report. Precarious workers did not choose to be precarious First, the report found that none of our participants chose to be in temporary and “part-time with variable hour” employment. Much of solo self-employment was also not entered by choice but interviewees were forced into this arrangement as a condition for their employment. Importantly, we discovered that many people are unaware that they are working precariously; there are many workers who are working without a contract, or who assume a rolling contract to mean permanency. This finding points to the need for employers to be up-front about contractual status. Precarious workers cannot afford to be sick The report found that precarious working conditions can have a negative effect on physical and mental health. On top of that, the majority of participants cannot afford to be ill. The burden of expense is felt in two ways: through no paid sick leave, and as well as the expenses of paying to see a GP and for medication, tests and follow-up appointments. This lack of support can result in having to make hard decisions such as whether to first buy food, or pay bills or rent. Medical cards and GP cards are means-tested and most precarious workers do not fit the eligibility criteria to obtain them even though they are not able to afford primary care services. Precarious workers have difficulty finding stable housing The housing crisis in Ireland affects families and individuals with very different backgrounds. However, the difficulties that people in non-standard employment encounter are even more pronounced, as they lack economic stability. Precarious workers are not left with any other choice but to rent, or if the option was available to them, to live in the family home. With tightening mortgage regulations, (which followed the economic crash), and soaring property prices, people working in non-standard employment are unlikely to be approved by any lending bank. At the same time, renting in the private market has become prohibitively expensive in the last number of years. This has resulted in bouts of ‘hidden homelessness’ for many of our participants, situations during which they have nowhere to live and are forced to sleep on friends’ couches or stay with their parents. Precarious workers postpone having families It emerged from our interviews that having children was often challenging for precarious workers. While some decided to have children regardless, the majority of our participants continued to postpone childbearing. Postponement of childrearing amongst precarious workers is often not a choice based on individual preference. Instead, while precarious workers want to have children, their financial insecurity, directly related to their contractual insecurity, prevents them from becoming parents. For those who already had children, maternity leave and childcare are the most important issues that they face. It became clear through the interviews that maternity leave is challenging for women in precarious employment, especially for those who are on temporary contracts. First of all, the contract may be shorter than the actual leave. Likewise, for those who were on temporary contracts, maternity leave is a possible obstacle for the continuity of their employment. Formal childcare is too expensive for participants who have insecure incomes and thus alternative arrangements are often necessary. In the most extreme cases, one of the parents has no other choice but to quit their job. Such a decision is usually not based on traditional gender roles, but on employment status. Based on the interviews, precarious work does not appear conducive to having a family. Precarious work leads to insecure lives Contract insecurity and wage unpredictability lead to workplace insecurity and create insecure and unpredictable lives. The lack of independence that precarious work entails often creates a situation in which many people must live with their parents and thus are unable to develop independent lives. Public benefits and support services, such as state access to free primary care services, accommodation,

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    Punker

    “Things can only get better”, went the lyrics to the hit by D:Ream which became the anthem of the incoming New Labour government in 1997, fronted by the relentlessly upbeat Tony Blair. Six years later, Blair joined the US in its illegal invasion of Iraq, a move that plunged the entire Middle East into a new era of violent instability and a refugee crisis that today, some 15 years later, shows little signs of abating. Things, it turns out, can also get worse. Statistics can, however, be schooled into presenting a beguilingly different picture of the true state of the world, and the darling of global optimism, psychologist and author Steven Pinker is a skilful inquisitor of data. His scholarship seems to have caught the zeitgeist of the latest wave of techno-optimism, and his data-fuelled Panglossian creed is being enthusiastically embraced by global influencers like billionaire Bill Gates. So excited were the editors of Time magazine that in January, for the first time in its more than 90-year history, it invited Gates to be guest editor of an edition, titled ‘The Optimists’. His editorial was essentially a re-heat of Pinker’s tome, ‘Enlightenment Now’, which, Gates gushed, was his “new favorite book of all time” and “the most inspiring book I’ve ever read”. High praise indeed. Gates’ benediction no doubt helped Pinker’s tome to become a runaway bestseller. What got the Microsoft über-nerd so excited is that: “this is not some naively optimistic view; it’s backed by data”. And Pinker cites data by the chartload, much of it undoubtedly painting an accurate picture of one species doing remarkably well. Life expectancy is a case in point. In just the last 28 years, the number of children dying before their fifth birthday has halved. Women’s and LGBT rights have made remarkable, if uneven, advances in recent decades. Fewer people are living in absolute poverty. Child labour, slavery and sexual abuse have not been eradicated globally but all indicators point towards major progress for millions of people. Catastrophic famines are rarer now; more people now live in democracies (Trump’s populism notwithstanding) than in all of human history and, while there are hundreds of deadly local and regional conflicts around the world, there are, mercifully, no full-scale wars between countries. Were an 18th or 19th century European to survey the region today, they would be astonished to find that the perpetually warring great powers – France, Italy, Spain, Germany, the Netherlands and Britain – have enjoyed more than 75 years of peace, co-operation and prosperity, with just occasional insults now being hurled at one another, where until quite recently, disputes were routinely settled with bloodbaths and pogroms. So, all’s well with the world, it seems. Another contributor to the Time special edition was the estimable investor and billionaire Warren Buffett. He waxed about the astonishing economic progress that swept across the US in the 20th century. No argument there. “The game of economic miracles is in its early innings. Americans will benefit from far more and better ‘stuff’ in the future”, he opined. At this point, it’s time to take a deep breath and a sharp step backwards. How can such heavy-hitters as Pinker, Gates and Buffett have possibly discounted or ignored the ecological train-wreck hurtling ever closer towards humanity? Pinker’s book does indeed grapple – after a fashion – with environmental limits, but it’s hardly encouraging that someone who prides himself on offering numeracy as the cure for biases then launches – unprovoked – into a biased jeremiad against the “quasi-religious ideology” that is what he disparagingly terms “greenism”. For someone regarded as among the world’s great thinkers, this is dull fare indeed. Undeterred, Pinker lashes out at this “apocalyptic creed” which he finds to be “laced with misanthropy”. Quite why it was necessary for Pinker to denigrate environmentalism becomes clear as the narrative unfolds. The vehemence of his anti-environmental rhetoric is in inverse ratio to his ability to address the profound critiques of his beloved ‘progress’ posed by the findings of climate and environmental sciences. He points out – correctly – that as countries get richer, they usually clean up their own rivers and ease local pollution. The fact that rich countries simply outsource much of their dirty heavy industries and ship their wastes to the ‘developing’ world is glossed over. Climate change of course does not respect national borders; faced with the quite over-whelming evidence from the physical sciences (and he frequently claims to be an advocate for science), Pinker baulks at what he dismissively calls the “tragic” view that humanity may well destroy both industrial civilisation and itself in the process. Pinker concedes: “humanity has never faced a problem” like climate change. Rather than ponder this existential threat, he instead brandishes the magic wand of eco-modernism and waves away the gloomy ‘eco- pessimism’ he and his billionaire fan club find so objectionable. He points out that global carbon intensity has been static or declining slightly in recent years. The atmosphere is, however, indifferent to such subtle points. All that matters are the gross numbers, and these continue to climb inexorably. Science tells us we have a finite and rapidly reducing global ‘carbon budget’. The only way of avoiding irreversibly smashing through this budget in the next 10-20 years is drastic, compulsory, permanent and deeply unpleasant cuts in carbon, starting yesterday. Per capita, the greatest carbon polluters on the planet are the global elite, billionaires like Gates and fellow Microsoft founder, Paul Allen. The latter maintains three very large ocean-going yachts at all times, so that one is always fully staffed and equipped close to wherever in the world he might happen to jet. That’s an awful lot of carbon to have to forego. The eight richest billionaires control as much wealth as the world’s poorest 3.7 billion people. Imagine then how pleased Gates will have been to read Pinker’s pronouncement that staggering and increasing wealth inequality is really not that big a deal. In common with Trump, Pinker also tries to blame the media for stoking “irrational pessimism” about the state of the world. I have long argued the opposite:

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    Our key witness is unwell

    The portentous Latin quoted Quis custodiet ipsos custodes? “who is watching the watchers?” jumps to mind in any consideration of the conduct of the Law Society of Ireland in its treatment of one-time member, solicitor Colm Murphy since it appears to show that the Law Society itself does not adhere to the standards that it imposes on its members. Readers may remember serial articles that appeared in this magazine before (see Village February/March 2014, June/July 2014, October 2014, April 2015 and December 2015) detailing how Kenmare-based Murphy was struck off from the Roll of Solicitors in 2009 on the back of complaints from another solicitor, Fergus Appelbe. Murphy took a case against the Law Society which failed to investigate Appelbe until last year when he was finally restricted as to how he can practise. Appelbe is a former member of the Law Society Conveyancing Committee and was the subject of two ‘Today Tonight’ investigations in 1997/8 into his conduct. He and his various companies are now also in overwhelming debt – to a sum in excess of €100m much of which will inevitably have to be borne by the State. The principal reason that Colm Murphy was struck off was for breaching an undertaking allegedly given to the High Court. The only evidence against him was that of a Solicitor of the Law Society, Linda Kirwan, who has subsequently admitted that she was not even in Court on the day in question. It was only after Murphy was struck off that she admitted, on af davit and in a letter to Murphy in 2010, that she was not in fact in the court when the supposed undertaking was made. No such undertaking is recorded in the order from the court issued on the day in question and the hapless Murphy had denied its existence for ten years, but Kirwan was believed.   Another contributing factor was that the Society relied on a forged document presented by Frank Fallon who subsequently got two seven year jail terms for fraud and forgery. Colm Murphy always believed that the Law Society realised that the document was forged some time after embarking on the proceedings against him and simply failed to inform the Courts of this. Documentation received under the Data Protection Act and seen by Village show that it was in fact much more sinister. On the day Joan O’Neill of the Law Society was maintaining in Court that Murphy had somehow cheated Fallon she sent the documents in relation to the land Fallon was wrongfully claiming to the rightful owner and thus she could not have believed the position she was maintaining before the Court. O’Neill subsequently swore that she had got the documents for Frank Fallon, had given them to him, and that was the end of the matter. Of course the documents seen prove that she had not done this but rather had given the documents to the person who was entitled to them. This action taken by Joan O’Neill and the Law Society and their maintaining of the position in relation to the forged document presented by Fallon prompted scathing comments from the then President of the High Court about Colm Murphy based on the fact that Colm Murphy had, we now know rightfully, stated that the document was a forgery. It seems that Colm Murphy sued the Society for defamation and abuse of power in 2004. Colm Murphy served the Summons on the Law Society and it seems that on receipt of the document Joan O’Neill wrote to John Elliot, Director of the Law Society’s Regulation Department, saying that “It is my view that Mr Murphy should not be a Solicitor. Linda Kirwan shares this”. The Supreme Court has ordered that Colm Murphy is entitled to a full trial on all the matters. O’Neill’s explanation of what has happened was eagerly awaited but it seems that the Law Society is now maintaining that O’Neill is “not medically fit to participate in these proceedings”. Colm Murphy had maintained since 2011 that the then High Court President had said he was entitled to a plenary hearing (full hearing of all matters). The Law Society went before Judge Hanna and denied that this was intended or indicated. It also maintained this position in it’s submission to the Supreme Court. A memo from the Law Society’s external solicitor shows that it was aware in June 2011 that “the President of the High Court made it clear that these matters should proceed to plenary hearing”. However, the Law Society has managed to frustrate this so far. Whatever happened to its elusive one-time motto “veritas vincet” (“Truth shall prevail”)? The Law Society seems to be trying to keep the real story here from even its own Council and has told its members not to contact Colm Murphy. You can see why. Michael Smith

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