Dáil Éireann Debate, Thursday - 16 October 2014
29. Deputy Richard Boyd Barrett asked the Minister for Jobs, Enterprise and Innovation if he will intervene in the current dispute between workers and a developer (details supplied) in County Dublin in view of the fact that this is a State contract and bricklayers who began working for a subcontractor on the site last May say they were earning around €107 for a full working week; and if he will make a statement on the matter. [39092/14]
Amharc ar fhreagraI understand that a number of separate, but connected, issues are involved in the dispute at the school building site near Lucan, Co. Dublin, including allegations regarding non-compliance with statutory rates of pay, status of employees and the issue of subcontracting.
As you are aware, it is the remit of Revenue Commissioners and the Department of Social Protection to clarify questions regarding employment or self-employment and Revenue to deal with the issuing of certification for the purposes of subcontracting.
Allegations of non-compliance with the National Minimum Wage and employment rights in general should be referred to NERA who will investigate any matter brought to their attention. In addition, the services of the State's industrial relations machinery are available to assist the parties in efforts to resolve the dispute. In this context, I would urge the parties to avail of their services and to engage constructively in the process in an effort to resolve the issues that are in dispute.
I am aware that the striking down of the REA system by the Supreme Court in 2013 has resulted in an element of uncertainty in relation to pay and other conditions of employment in those sectors previously covered, including the Construction sector. This has increased with the move to increased subcontracting by the major employers in the sector.
That is why, 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 recently obtained Government approval for the drafting of legislation to address the ruling and to provide for a revised legislative framework that would be fully informed by the Supreme Court judgment and be expected, to the greatest extent possible, to withstand constitutional challenge in the future. Good progress is being made on the drafting of the legislation. My colleague Mr. Ged Nash TD the Minister for Business and Employment, will be bringing the Government's proposals for pre-legislative scrutiny to the Oireachtas early next month.
