Oireachtas Joint and Select Committees

Wednesday, 5 May 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations (Miscellaneous Amendments) Bill 2021: Waiver of Pre-legislative Scrutiny

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I thank the members and witnesses for participating in today's meeting in line with exceptional circumstances and the measures we must take with the Covid-19 pandemic. I remind those present that apart from myself and members of the committee secretariat, all members and witnesses are required to participate remotely and from within the Leinster House complex only. As normal, all documentation for the meeting has been circulated on MS Teams.

The Tánaiste and Minister for Enterprise, Trade and Employment made a formal request to the Business Committee that pre-legislative scrutiny for the Workplace Relations (Miscellaneous Amendments) Bill 2021 be waived. The Bill complies with the advice of the Attorney General and provides the necessary powers to the Workplace Relations Commission, WRC, to continue to administer justice in accordance with the Constitution. The need for the Bill arose following a recent Supreme Court judgment in the Zalewski case. The request from the Tánaiste to the Business Committee for a waiver of pre-legislative consideration has been passed on to this committee in order that it might give its opinion on the request. A copy of the request has been sent to all members. Following today's meeting, we are required to communicate our opinion to the Business Committee in order for it to decide on the application for a waiver. I welcome Ms Tara Coogan and Ms Áine Maher from the Department of Enterprise, Trade and Employment and thank them for the briefing they gave some members last week.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses as regards reference witnesses may make to persons in their evidence. The evidence of a witness physically present or who gives evidence from within the parliamentary precincts is protected pursuant to the Constitution and statute by absolute privilege. However, today's witnesses are giving their evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness physically present does. Witnesses are again reminded of the long-standing parliamentary practice that they should not criticise or may charges against any person or entity by name or in a way in such a way as to make him, her or it identifiable or otherwise engage in speech that may be regarded as damaging to the good name of the person or entity. Therefore, if witnesses' statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such decision.

The opening statement was circulated to members in order to allow them to commence their consideration of this matter. I invite Ms Coogan to make some brief opening remarks on behalf of the Department.

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