Gerald Nash (Louth, Labour)
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Senator Cullinane made a general point about the deficiencies in the legislation or deficiencies identified by the superior courts in the past. The reason we are reconstructing some of those systems, to a point, is that we believe it is in the public interest and the common good to do so and that it gives everybody consistency regardless of whether they are employers or employees. A series of lacunae were identified in those cases. One of the key deficits identified was the issue of Oireachtas oversight. This is effectively addressed in the heads of the Bill. It is very important that we plug that gap and make sure this is constitutionally robust. The Oireachtas is the legislature in this State and makes the law. Obviously, there are limited law-making functions, if I can put it like that, outside the Oireachtas, but ultimately the order will be registered with the Minister and the Oireachtas, which is very important.

Senator Cullinane made a point about decisions relating to whether a trade union or indeed an employer body would be considered substantially representative. The court is where that test takes place and it is important that the court be allowed to continue to do that because it is the expert body dealing with this. The court should have the latitude to do that. It is a very important aspect of this that the court may make a decision relating to the evidence provided to it as to whether a trade union or an employer body is substantially representative.