Wednesday, 10 July 2013

Questions (57)

Gerry Adams


57. Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation when he will make public his response to the Labour Court recommendations on the review of the JLCs. [33493/13]

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Written answers (Question to Jobs)

The new Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) provides that reviews of each Joint Labour Committee (JLC) will be carried out by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter. In this context, the Labour Court appointed Ms Janet Hughes to undertake the review of the 10 existing JLCs on its behalf. The Review was completed on 12 April last.

The review assisted the Labour Court’s deliberations as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or its establishment order amended and the Labour Court is required to make recommendations to me to this effect. The Labour Court submitted its report of the review and recommendations in relation to the 10 existing JLCs to me on 22 April last. The report is detailed, comprehensive and complex and required careful examination and consideration.

Since its receipt, the Supreme Court, on 9 May last, issued its decision in relation to the constitutionality of Registered Employment Agreements (McGowan and others v The Labour Court, Ireland and the Attorney General). I was concerned that this decision may have had implications for Joint Labour Committees and Employment Regulation Orders. With that in mind, I sought legal advice on this point, which I am currently considering. It is my intention to publish both the Report and my proposals in the very near future.