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Dáil Éireann debate -
Thursday, 3 Jul 1986

Vol. 368 No. 10

Ceisteanna—Questions. Oral Answers. - Safety, Health and Welfare Legislation.

20.

asked the Minister for Labour if he will make a statement on the proposed drafting of a Bill based on the Barrington Commission concerning safety, health and welfare; and if it is proposed to introduce this Bill in the next session.

Work is in progress on drafting a Bill to implement the main recommendations of the Commission of Inquiry on Safety, Health and Welfare at Work. It is my intention that the Bill will be introduced in the next session.

What level of discussion has taken place since the Barrington Commission's findings, particularly in regard to employers' liability insurance? It is my information that there will be a major problem in that area affecting the safety and health of workers. I would like to know what discussions are taking place arising from the findings of the Barrington Commission prior to the introduction of the legislation which, I gather, will be drafted in September?

The draft heads of the Bill have been cleared by Government. I have established, with the agreement of the Government, an interim board which represents both employers and workers on a nominated basis and individual civil servants from various Departments with an independent chairperson. The total number is 11. They are looking at the draft legislation and are being consulted about its final from before it is brought to the House in the autumn. Work is in progress and I am confident that early in the next autumn session we will be in a position to bring the legislation forward. When we do so it will have gone through the normal governmental process of consultation at departmental level where employers' concerns, such as the one the Deputy mentioned, will be addressed and the nominees of the FUE on the interim board will have been able to look at the proposals. I am confident that this Act, which will be a framework Act, will have had ample and constructive consideration in consultations with the relevant bodies who have the right to have their say in relation to it.

21.

asked the Minister for Labour if the independent survey of employers' attitudes towards protective legislation and related procedures commissioned by his Department is completed; and if he will identify the regulations which may be hampering job opportunities.

The work to which the Deputy refers is close to completion and I will send him a copy of the study when it is ready for publication.

Will the Minister highlight some of these areas? I gather that this review has been taking place for some time now. It has been my view for a long time that the employers' organisations' allegations about some of the legislation and the loopholes that they feel are in it, cannot be substantiated. Can the Minister give an interim report now before we go into the recess? I particularly refer to unfair dismissals and worker protection.

The study attempted to measure in a scientific and sociological way what, if any, were the legislative deterrents as perceived by employers to taking on extra staff or expanding the workforce. In that context factors such as PRSI, taxation, protective legislation, insurance, unfair dismissals of one kind or another and all the other worker protection items were taken not exclusively but in the context of all of the factors that would be considered by an employer in deciding whether he or she would take on an extra person. That is broadly what the study was about and it was conducted at our request by the ESRI. It is virtually complete and I would prefer to issue it in its entirety. I do not want to give a false commitment but I think we could be close to doing it within a couple of weeks.

Was the question of part time workers and flexibility of workers taken into account in that Bill?

That would seem to anticipate the Second Reading.

I want to know about that aspect of it because there has been much controversy recently among trade union members and employers as to their rights and the difficulties they have under present legislation both in regard to social welfare and labour. I want to know if this review has taken part time workers into account.

I do not want to anticipate its publication, but it would to the extent that it was addressed essentially to employers and to their attitudes about employing people, be they permanent, part time or temporary.

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