Oireachtas Joint and Select Committees

Thursday, 29 September 2022

Joint Oireachtas Committee on Gender Equality

Recommendations of the Citizens' Assembly on Gender Equality: Discussion

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I agree. The point I am making is the payment is not the hard problem to solve. It is a relatively straightforward solution. More complicated is the replacement issue. Who fills in for you, whether you are a Deputy, Senator or councillor? In countries with list systems, it is straightforward: the next person on the list fills in. In the European Parliament, where a B-list is elected on the same day, it is straightforward. We do not have that for local government or Deputies. We need to come up with a solution. I think it is easy to do at council level by allowing somebody to nominate a substitute. It is trickier in the Oireachtas. It would probably require constitutional change to allow a B-list, alternate list or something like that, given the way the Constitution is framed.

On collective bargaining, in Ireland we have the freedom to associate and the freedom not to be associated. One is free to join the union; there is no obligation on employers, at the moment anyway, to recognise a union. The report which will be published in a few weeks' time - certainly within the month of October it is my intention to publish it - is interesting and makes a valid point which people may not always fully consider. There is little point in creating Pyrrhic rights that do not mean things in practice. You could force employers to recognise and meet with a union if that union represents more than half the staff. I do not think it would require constitutional change. You can force employers to recognise a union, meaning sit down and meet them. In no world can you force people to negotiate in good faith or to come to an agreement. In no world can you force workers to accept an agreement without a ballot or force employers to accept an agreement without a vote of its board or shareholders. We need to think this through. We could create a right that is meaningless. Recognition, but what happens then? You cannot force people to negotiate in good faith.

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