Oireachtas Joint and Select Committees

Thursday, 18 June 2015

Select Committee on Jobs, Enterprise and Innovation

Industrial Relations (Amendment) Bill 2015: Committee Stage

1:00 pm

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

In good employment law, there should be a natural equilibrium which allows for workers and employers to resolve their differences in an efficient, fair and open manner. That negates the necessity for massive State machinery to be called in to fix the problems. Often if problems are not nipped in the bud when they arise, they become very difficult, as people become entrenched and the courts are used.

We do not have that natural equilibrium at the moment. There is chaos, literally, in some sectors at the moment, the construction industry being one such sector. We have yet to see the proof of the functioning of the new arrangements but, to date, NERA and other organisations have had massive difficulty and time delays with enforcement. We have seen what should have been small difficulties fester and become big problems.

One of my worries would be that if, for example, a trade union official came onto a construction site and had a conversation for 15 minutes with a staff member, the boss could say he was not working for that time and dock his wages by 15 minutes for that meeting. Separating out the natural equilibrium of oversight that trade unions should have will only going to create more problems down the road. I cannot overstate the importance of enforcement and compliance to the well-being of workers. Anybody who has listened to any trade unions in their discussions will say that the lack of these elements causes the most difficulty for workers.

If the Minister of State is not minded to accept these amendments, does he have an alternative wording that could bring about that level of natural oversight with which trade unions should be empowered?

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