Mick Barry (Cork North Central, Solidarity) | Oireachtas source

On a point of information, the point has been raised that there could be a question mark over the constitutionality of the Bill. The Ryanair case has been cited, as has the question of the position, as decided by the courts, on a right of disassociation. There seems to be an assumption that a collective agreement is a collective agreement negotiated by a trade union body. Many collective agreements, probably a majority, are, and I would argue that this is a strong reason for workers to join trade unions to improve their position in the workplace. It is not necessarily the case, however, that we are looking merely at collective agreements negotiated by trade unions here.

I believe registered employment agreements, sectoral employment orders and individual employment contracts would be covered by this legislation. We could test it with legal opinion. It may be tested before a court of law some day. The argument that this is unconstitutional does not stand up in the context of the information I have shared with the committee.