Peadar Tóibín (Meath West, Sinn Fein) | Oireachtas source

Cuirim fáilte mór roimh na toscairí agus gabhaim buíochas leo as an gcur i láthair. The presentation has been interesting and it is good to see ICTU here.

Ms King alluded to the fact that the lack of collective bargaining has left us with a massive problem. The result of this has been the collapse of the previous system and we are now trying to build the complex and difficult system that will replace it. However, there may not be confidence that this will be robust enough to stand, although it seems a simpler and fairer solution to have proper collective bargaining to resolve the issues. Since the collapse of the previous structures, it is clear that a number of sectors are in complete chaos as far as wage rates and conditions are concerned. We have discussed the issues here and in other forums. In the construction, waste and retail sectors, individuals are struggling seriously due to a new form of competition which is eating into their pay and conditions to achieve a competitive advantage and until these issues are resolved, decent employers will not be able to compete in these sectors.

One of the issues this committee has been considering concerns the length of time it takes for issues to be resolved. Perhaps Mr. Mulvey will address this when he responds. A case in Lucan, which is being discussed currently, involves allegations that have been made by employees against employers. Some elements of State agencies are investigating these issues - the issues of self-employment, subcontracting etc. - but the investigations are too slow to deal with the realities of people's lives and the bills they face. Justice delayed is justice denied. My concern is that this experience may continue in the new workplace relations experience and the new Industrial Relations Bill. We need an effective and timely response to people's experience if there is to be proper adherence to the rights of employees. What is the Labour Relations Commission view on that? What is the typical timescale within the LRC for applications and resolutions and is there a backlog? On the issue of reprisals, it strikes me that it is difficult to legislate against the behaviour of unscrupulous employers who might create a block against staff who have applied to these processes.

Subcontracting can be another major issue in the current labour market, particularly in construction where there is a competitive advantage among employers who either seek or forcibly seek subcontracting.

It strikes me that the only way to resolve this issue is to rebalance in order that there will be a competitive advantage for employers to employ people directly under the PAYE system. How will subcontracting staff be dealt with in these two areas?

On the issue of compliance, how do we create a system under which the staff would become the police force? If they were, it seems the system would be self-policing, but if a staff member believes he or she cannot police his or her experience in any way, there is a difficulty.

I am still confused about the mix on the employer and employee sides. For example, if there are two unions which are roughly equally representative of a group of workers, how will the system operate? Similarly, how will it operate in the case of employees within an enterprise?