Dáil Éireann Debate, Thursday - 6 March 2014
91. Deputy Gerald Nash asked the Minister for Jobs, Enterprise and Innovation the position regarding the proposed revised legislative framework in respect of registered employment agreements and in response to the May 2013 Supreme Court judgment in McGowan and others versus the Labour Court, Ireland and the Attorney General; if he intends to publish legislation soon; and if he will make a statement on the matter. [11412/14]
View answerIn the judgment delivered on 9 May 2013 in the McGowan case, the Supreme Court held that Part III of the Industrial Relations Act 1946 was invalid having regard to Article 15.2.1 of the Constitution.
Having considered the legal advice from the Attorney General on the implications of the Supreme Court ruling, and given the importance of the issue for employers and their employees, particularly in relation to rates of pay and tendering for contracts, I intend to bring forward legislation to address the ruling and to provide for a revised legislative framework to deal with those matters.
My departmental officials have been working closely with the Attorney General and external Counsel on developing a framework, which will be fully informed by the Supreme Court judgment and be Constitutionally robust.
To this end, on 7 February last, a draft framework document was circulated to relevant stakeholders for consideration. It provides for the setting of pay and pension and sick pay entitlements of workers in any particular sector and also for the registration of employment agreements to which there are only two parties, i.e. individual employer and trade unions.
Consultations on the draft framework have commenced with the relevant stakeholders. My expectation is that they will conclude quickly and I hope to bring proposals to Government in the near future.
