Paul Gavan (Sinn Fein) | Oireachtas source

It is good to see the Minister. I refer to the issue of European works councils. I have consistently raised it whenever a Minister has appeared before the committee. Infringement proceedings 4021 of 2022 from the Commission to Ireland state:

The Commission has identified a number of shortcomings in Irish legislation, which fails to guarantee the right of workers' representatives, the Special Negotiating Body ... or the European Works Council to go to a national court over disputes related to breaches of the rights and obligations under this Directive.

Does the Minister accept that is what is on the European Commission infringement notice? I ask that because when I raised this issue in October, an official seated beside the Minister’s predecessor stated, “To clarify, the Commission has made no such statement.” That is on the record. I am worried about this because seven unions, representing more than 45 million workers throughout Europe, wrote to the Minister’s predecessor to highlight their concerns. The employer group, Brussels European Employee Relations Group, BEERG, came to our committee meeting and wrote to the Minister’s predecessor to highlight its concerns. The Department seems to have a determined position not to deal with this issue but, rather, be in denial about it. If the Minister consults the record of the meeting in October, he will see a denial that the infringement proceedings are taking place.

Three weeks ago, a colleague from SIPTU met the Commissioner, Nicolas Schmit, who expressed his concern that nothing has moved forward on this issue. Having raised this issue consistently through Commencement matters and at the committee, I am entitled to a better response than being told this is in review. The infringement notice is now one year old. We have had 12 months to get some kind of stance from the Department.

Does the Minister accept there is a problem here? Does he accept the infringement notice is happening? I am frustrated because there has been a consensus at our hearings that there is a simple resolution to this issue, namely, to amend the existing legislation to include access to the Workplace Relations Commission, WRC, and the Labour Court to help resolve disputes relating to European works councils. We have heard the solution from employer and employee groups yet there appears to be a steadfast refusal by the Department to engage and deal with this issue. When I hear that it is in review, I despair because that is what I was told the last time. When we meet again six months from now, will I hear it again? Does the Department have a problem in dealing with this important workers’ rights issue that needs to be addressed?