Dáil Éireann Debate, Tuesday - 14 July 2020
46. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Business, Enterprise and Innovation his plans to safeguard the pay and rights of construction, cleaning and security workers affected by a recent High Court judgment (details supplied); and if he will make a statement on the matter. [15809/20]
View answerIn June, the High Court found that Statutory Instrument 251 of 2019 was made outside the powers of the Industrial Relations Act 2015. It was also found that the legislative framework governing the sectoral employment process is unconstitutional. This is because of the manner, in the judge’s ruling, in which the process is delegated to bodies outside these Houses and the lack of clear guidance in relation to how to balance competing interests in drawing up sectoral employment orders.
As set out in the House on Thursday, July 9th, it has been decided to appeal that decision. Once the Orders which must be completed by the High Court before this ruling has legal effect have been perfected, an appeal will be lodged in the Court of Appeal and in the Supreme Court.
This is an area of legislation that has proven very litigious over the past fifteen years, with significant constitutional issues being called into question. The Industrial Relations Act 2015 was a major piece of legislation that sought to deal with those issues, and we must now await the outcome of appeal process to understand where we go on this issue next and before we commit to any further legislation.
The Employment Regulation Orders that govern the minimum rates of pay and terms and conditions in the contract cleaning and security sectors, agreed by Joint Labour Committees, are not affected by this ruling and those terms continue to apply for existing workers as well as new entrants.
