Mr. Mark Doheny:

With the international review, there are three countries we examined closely with a similar right to request flexible working. These are the UK, Netherlands and New Zealand. In each of those scenarios, remote working is one of the options available under flexible working and we looked at their best practice. The UK is looking at that again and currently revising practice. Its legislation predated the Covid-19 pandemic and despite the fact it has been in place since approximately 2014, there have been difficulties regarding the uptake of remote working. It is actively looking at the area now and we are engaging with the UK in that regard to see if we can take lessons from it. The UK follows a similar structure and employers are obliged to have a policy, and in those cases there are reasonable grounds for refusal. The number differs around countries, ranging from nine in some countries to eight or six. It depends on the individual scenario.

In the rest of Europe many countries have remote working or teleworking by agreement only where there is an agreement between the employee and employer. It is covered in collective bargaining rather than a legislative right. We looked at countries with a similar structure and attempted to take lessons from them.

The employer is responsible for health and safety obligations in the workplace, whether remote, in a hub or in somebody's home. The Health and Safety Authority has provided guidance for that throughout Covid-19 in respect of the obligations on employers performing health and safety assessments on workplaces, etc. There would not be a transfer of obligations to the employee in this legislation and it is not intended.

The Senator mentioned carbon reduction and that is a goal for the Government as a whole. There are a number of policy objectives that can be assisted by remote working, including increasing activation in disadvantaged groups in the labour market or greater regional dispersal. Carbon reduction is a key priority but we are also mindful that this would be a bit of a step change in the employer-employee relationship and we must be balanced and proportionate with the legislative measures we bring forward. We are attempting to do that.

The Senator made a point about social interaction and we got it over and over again in the public consultation. Many private individuals who had been working from home saw the benefits but they also saw some of the downside. There may be greater fatigue and difficulty switching off. There may also be difficulties arising from a lack of social interaction. They are considerations and many businesses have taken that on board in formulating policies and aiming for some aspect of a blended or hybrid scheme. The use of hubs may be considered at an organisational level. The Department, along with the Department of Rural and Community Development, has certainly put much money into funding hubs. That has been done in various funding schemes. There is consideration across a number of Departments in that regard.