Gerald Nash (Louth, Labour) | Oireachtas source

In dealing with low pay, we should take into account the suite of measures I either have introduced or am preparing to introduce, rather than isolating particular legislation. The question of low pay and decent work should be addressed in its totality. Section 15 of the Bill sets out a comprehensive and challenging set of factors that the Labour Court must take into account when making a recommendation to the Minister in respect of a sectoral employment order. Amendment No. 10 would add two further factors that the court would be required to take into account. However, adding factors to the already wide-ranging list set out in section 15 could result in the court finding it difficult to undertake the level of analysis that would be required. I had given consideration to the factors that might be taken into account when determining an SEO and I do not consider it necessary to refer specifically to median earnings or proportions above or below particular proportions of median earnings.

The question of part-time and short-hour contracts is being examined as part of the comprehensive study that I have commissioned into these issues. I expect to receive the findings of that study in the coming period and where the evidence supports the need to change laws or regulations in this area, I will make recommendations to the Government in that regard. As we know from the McGowan judgment, the John Grace Fried Chicken case and other court cases, the more we put into legislation of this nature, the more we expose it to challenge. We need to take a careful approach to these matters. I think the Bill strikes a sufficient balance in respect of the factors that a court needs to take into account. We need to be conscious of the judgments of the courts on the REA and JLC structures. I am satisfied that the factors that the court will be obliged to take into account are robust and sufficiently balanced.