Gerald Nash (Louth, Labour) | Oireachtas source

I appreciate that Deputy Tóibín was unavoidably detained. I have given a lot of consideration to this and have an open mind as to how improvements could be made in terms of enforcement and compliance. We need to acknowledge that there has been a lacuna over the last few years, since the McGowan judgment. We have seen the effects of that, particularly in one industry which has concerned us all. It may very well have been the case that access for trade union officials was provided under certain REAs under the previous regime. There is absolutely nothing preventing both parties, subject to the terms of a registered employment agreement, from making such an arrangement.

Enforcement and compliance concern us all. We have a State agency, the National Employment Rights Agency, which has in many ways enhanced rights to police, enforce and inspect in order to ensure compliance on the SEO side, which is as it should be. As I said in my earlier contribution, it is up to the State, the Oireachtas and the Executive to make laws. It is then a matter for the responsible State agencies to enforce those laws and ensure compliance. I will be keeping a very close eye on the performance of our agencies in terms of the compliance and enforcement sides of the sectoral employment order piece. It is important that we reflect on these issues.

Deputy Tóibín will be only too familiar with the reasons the Supreme Court struck down the former REA system, which had been in place for many years. We will not go into all of those complex arrangements now. As I said earlier, what I do not want is to provide any space or invite an opening for any potential challenge to this critical legislation. As Minister of State, I have a responsibility to make sure the legislation is as robust as it can possibly be and to take all of the advice available to me to ensure that is the case.

Earlier in my contribution, I informed the committee that I would not be accepting that amendment but I will be keeping an extremely close eye on the enforcement aspects of this matter. It is critical for employers' rights and for the performance of certain industries which may very well be subject to the SEOs that it happens.