In 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. My Departmental officials have been working closely with the Attorney General and external Counsel on developing a framework to address the ruling and to provide for a revised legislative framework, which will be fully informed by the Supreme Court judgment and 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. It also provides for the registration of employment agreements which will be legally binding only on the subscribing employer and trade union parties. Consultations with the relevant stakeholders on the draft framework have taken place, and I hope to be in a position to bring proposals on the issue to Government in the near future.