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Employment Rights

Dáil Éireann Debate, Tuesday - 7 July 2020

Tuesday, 7 July 2020

Questions (8, 9, 10, 11, 20, 29, 30)

Bríd Smith

Question:

8. Deputy Bríd Smith asked the Tánaiste and Minister for Business, Enterprise and Innovation the action he plans to take in view of the High Court ruling on sectoral employment orders, SEOs, recently; and if he will make a statement on the matter. [13727/20]

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Bríd Smith

Question:

9. Deputy Bríd Smith asked the Tánaiste and Minister for Business, Enterprise and Innovation if he will introduce emergency legislation to ameliorate the impact from the recent High Court ruling on the SEO regarding electrician workers; and if he will make a statement on the matter. [13728/20]

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Richard Boyd Barrett

Question:

10. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Business, Enterprise and Innovation the action he plans to take in view of the High Court ruling on SEOs recently; and if he will make a statement on the matter. [13729/20]

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Richard Boyd Barrett

Question:

11. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Business, Enterprise and Innovation if he will introduce emergency legislation to ameliorate the impact from the recent High Court ruling on the SEO regarding electrician workers; and if he will make a statement on the matter. [13730/20]

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Bríd Smith

Question:

20. Deputy Bríd Smith asked the Tánaiste and Minister for Business, Enterprise and Innovation his plans to appeal the High Court decision on the electrical contractor's sectoral employment order; and if he will make a statement on the matter. [13910/20]

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David Cullinane

Question:

29. Deputy David Cullinane asked the Tánaiste and Minister for Business, Enterprise and Innovation his plans to respond to the High Court judicial review ruling on the electrical contractors' SEO and Industrial Relations (Amendment) Act 2015; if a stay on the order will be sought; if an appeal will be sought; and if he will make a statement on the matter. [14126/20]

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David Cullinane

Question:

30. Deputy David Cullinane asked the Tánaiste and Minister for Business, Enterprise and Innovation his plans to amend the Industrial Relations (Amendment) Act 2015 in view of the recent High Court judicial review to rectify the deficiencies in the Act as identified; and if he will make a statement on the matter. [14127/20]

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Written answers

I propose to take Questions Nos. 8 to 11, inclusive, 20, 29 and 30 together.

The High Court has ruled that the Sectoral Employment Order (electrical contracting sector) Order (SI 251 of 2019), providing minimum rates of remuneration and other matters for workers in the electrical contracting sector was made ultra vires, that is, outside the powers of the parent legislation. Accordingly, the judge is proposing to set aside the impugned order.

Furthermore, the judge is proposing to make a Declaration that Chapter 3 of Part 2 of the Industrial Relations Act 2015 is unconstitutional with regards Article 15.2.1. The High Court found that the construction of the Chapter is too vague to provide appropriate guidance for the circumstances required before the Labour Court can lawfully reach a decision to make a recommendation and its subsequent approval by the Minister and the Houses of Oireachtas. This means that the High Court is of the view that the Chapter in the 2015 Act, which governs the making of a SEO, unlawfully delegates law making powers to authorities outside the Oireachtas.

It is important to note that the ruling does not have legal effect until an Order giving it effect has been made. The parties have 21 days, that is, up to 14 July, to make their replies to the Court. My officials, in consultation with the Office of the Attorney General, are giving the ruling careful consideration and what the appropriate next steps are.

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