Mary White (Carlow-Kilkenny, Green Party)

I welcome this Bill, which represents an important and quite speedy resolution of issues regarding registered employment agreements and employment regulation orders, and the High Court. It is better for the Government to pre-empt any possible challenges to the work and remit of the High Court rather than face the possibility of the system being jeopardised in a sudden manner.

Other speakers have spoken about the two mechanisms with which this Bill is concerned, the employment regulation orders, EROs, and registered employment agreements, REAs. They remain very important in our overall industrial relations landscape although they are somewhat anachronistic. In 1909 Winston Churchill said "where... you have no organisation, no parity of bargaining, the good employer is undercut by the bad and the bad employer is undercut by the worst". They are important mechanisms for those in the services sector, particularly those on low pay and many who are without union representation. The joint labour committees, for example, are important in providing a forum in which employers and worker representatives can hammer out difficulties of worker conditions in a way that prevents a race to the bottom but also takes account of the difficulties in particular sectors. The hotel sector is a good case in point. That sector saw a dramatic loss in business owing to the global downturn, but had very specific rates of pay for people working on Sundays and bank holidays.

They are also important because many of the non-Irish workers in our labour market who are in the services sector. The impact of REAs and EROs is such that it can help prevent our foreign nationals from being exploited by employers here. The work of NERA in enforcing the conditions laid down by these mechanisms is vital. I commend NERA, which is based in my constituency, and Ger Deering its director on its ongoing work to protect people in employment.

The main proposals in the Bill are necessary and welcome, particularly the sections dealing with ways to strengthen the legitimacy of REAs and EROs through Oireachtas supervision. Specification of the principles and policies that must be considered by the JLCs in regard to their work is also welcome, as is the proposal for the process of JLC consideration of all submissions, which should ensure that the Labour Court takes all objections and points into consideration before approving any JLC recommendations.

During the Bill's passage through the Oireachtas the Minister of State might consider amending the age limit at which chairpersons of JLCs must retire. The legislation proposes that the independent chairperson will cease to hold office at 65 years of age. There is no reason a chair should not continue until the age of 70. As a society we are trying to avoid ageism. I know the county is facing aging demographics. If someone is fit and well why should 70 not be the cut-off point? The Minister for Finance recently stated that he envisages the retirement age being increased. As many people now work until 70, the age limit could be re-examined.

I also welcome the proposal to ensure any amendment to the definition of worker is not the sole preserve of the Minister. Amendments to the definition should be done through primary legislation.

I shall conclude by reiterating a point I made in the debate in this House on the Employment Law and Compliance Bill about the need for a wider reform of the State's architecture for dealing with workers' avenues for redress. We have the Labour Court, NERA, the Rights Commissioner, the Health and Safety Authority, the Employment Appeals Tribunal, the Equality Authority as well as the various Departments. At a time when Government is looking to streamline and do its business in a lean, mean way, an important step would be a meaningful review of these processes to see if a simpler avenue for appeal and redress can be found for workers. I welcome and support this Bill and look forward to watching it wend its way through the House. I commend it to the House this evening.

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