Gerald Nash (Louth, Labour) | Oireachtas source

I thank the Deputy for his comments. I know that he understands from his own experience how complex this area can be. The progress through the courts of wage setting mechanisms in the past few years has been interesting. The former joint labour committee system was essentially struck down by the High Court in 2012 and the registered employment agreement system in 2013. The Government has acted swiftly to close the lacuna and we are confident that this legislation is sufficiently robust constitutionally to withstand any challenge. The Deputy knows, however, that nobody can say this with 100% certainty because we have a system in place under which any legislation can be challenged through the courts. It is important that there be this appropriate division of labour between the Oireachtas, the Executive and the courts, but we have worked extremely hard over a period of time, particularly through the consultation process with the stakeholders representing employers and employees, to ensure we get this right, that it will respond to their needs, as well as changing needs in the economy, and that it is constitutionally robust. I am satisfied that the legislation, when published, will withstand that test and be constitutionally robust.

On the Deputy's question about whether parties are substantially representative, the Labour Court has a test on this. I am confident that the test applied by the Labour Court in terms of declarations made by trade unions which are substantially representative of workers and employers will meet these requirements and that this will be reflected in the legislation. It is important to ensure the legislation will be as constitutionally robust as possible and that these tests are met. I am confident that they have been met in the context of this legislation.