Mr. John Smith:

We are extremely disappointed that the proposals in the heads of the Bill make no attempt to define once and for all the term "substantial representation". The lack of clarity on what constitutes substantial representation will lead to many challenges. We have no doubt that this matter will eventually end up before the courts. We are also disappointed that the heads of the Bill do not refer to mandatory education of all employers and employees of any sector into which any global agreement is introduced. The lack of education on the previous REA led to contractors being criminalised under the terms of an agreement of which they were unaware.

We note that, once again, the proposals contain no provision for parties which are bound by an agreement into which they were allowed no input to apply to vary the terms of that agreement. This deficiency of the old system was highlighted in the Supreme Court judgement and allows, for example, no method for a new entrant into an industry to ever vary its terms. We are disappointed that no attempt is made to correct this unacceptable situation.

NECI welcomes the exclusion of close family members from any future agreement. The inclusion of this welcome safeguard was suggested by us. This will ensure that, as happened under the previous REAs, small employers will not be criminalised and forced to pay back moneys for simply training their own sons and daughters in the business.

NECI members in the main are happy with the industry situation since May 2013 where they can operate their business without interference. Our members are happy to compete in an open market and are confident that without the constraints of a registered employment agreement, we can compete with other contractors in a free market that will serve our customers best.

Our members are happy to compete in an open market and are confident that without the constraints of a registered employment agreement we can compete with other contractors in a free market and serve our customers best. On behalf of the electrical contractors of Ireland, represented by NECI, I thank the committee.