Dáil Éireann Debate, Thursday - 10 October 2013
10. Deputy Brian Stanley asked the Minister for Jobs, Enterprise and Innovation if he will confirm that orders signed by him regarding joint labour committees will fully reflect and give force to the recommendations of the Labour Court. [42600/13]
Amharc ar fhreagraOn the 1st of October last, I published the Report of the Labour Court’s Review of the Joint Labour Committee (JLC) system. The Industrial Relations (Amendment) Act 2012 provides that reviews of each JLC 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. 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.
I have accepted the recommendations contained in the Report. When I published the Report I indicated my intention to abolish the Dublin Hotels, and the Law Clerks’ JLCs, to narrow the scope of the Agricultural, Hairdressing, Retail Grocery, Hotels (outside Dublin), Contract Cleaning and Security JLCs, while amending the administration of the two Catering JLCs pending their amalgamation following amended legislation. In the latter context, I also stated my intention to look at applying the Hairdressing JLC country-wide once the necessary legislation is passed.
In publishing the Report and outlining the legal steps necessary for implementation of the Labour Court’s recommendations, I have been particularly mindful of issues arising as a result of the recent Supreme Court ruling in relation to Registered Employment Agreements (the McGowan case).
With the exception of the Agriculture JLC, implementation of the recommendations regarding the scope of the other nine JLCs will be given effect by way of Ministerial Order. As the Agricultural Workers JLC was established under primary legislation (the Industrial Relations Act 1976), an amendment to the Establishment Order requires amending primary legislation. I anticipate that the Establishment Orders necessary to give effect to the recommendations regarding the other nine JLCs will be made over the coming weeks.
At the conclusion of this process there will be eight JLCs remaining – and this will drop to seven when the legislation required to implement the recommendation relating to the Catering JLCs is enacted – leaving slightly over half the number that operated at the beginning of the reform process which I pursued on coming to Office. This latest development sits squarely within the context of the change required to improve Ireland's competitiveness by enhancing wage flexibility while also ensuring protection for vulnerable workers.
