Brian Cowen (Laois-Offaly, Fianna Fail)

I agree that the draft agreement and the clarification provide a basis upon which a consultation is being undertaken by trade unions with their membership.

They should be allowed to proceed with that and conclude their arrangements for the organising of ballots and the results that will ensue. I agree that is a wise course of action. I wanted to ensure there had been reasonable clarifications. Clarifications were being sought because, as the Deputy knows, certain interpretations were being put on things which were not, in my opinion, in keeping with precedent in any event. The clarifications have an intrinsic merit in that respect given that they refer to the texts that were negotiated during what were very long, intensive and detailed negotiations between management and union representatives. I note that trade union representatives have, in terms of a negotiated settlement, confirmed that as far as they are concerned nothing has been left back on the table that was not available. This is the best negotiated settlement that can be provided for in current circumstances.

As I have said, there are arrangements to review the situation. As the Deputy knows, under the transition agreement there is an arrangement for review in the spring of 2011, which will proceed. In that respect those operable parts of the transition agreement still remain in place. There were pay aspects of that agreement, which, obviously, have been superseded by events and this draft agreement on the public sector side provides us with a prospect of having a way forward if ratified and agreed as far as the public service is concerned.

In the private sector, I understand the protocol between IBEC and the Irish Congress of Trade Unions is that there will be further discussions in the autumn to see if something can be provided for there. In the overall scheme of things there is recognition by the parties that they are operating in a new context without a formal agreement on pay determination. Bearing in mind the shared commitment to maximising the sustainability of employment, it is accepted that the economic, commercial, employment and competitiveness circumstances of any firm are legitimate considerations in any discussion of claims for adjustments to pay or terms and conditions of employment. It is not the intention of parties to alter their historical approach to dealing with normal ongoing change. They are committed to ensuring they have a protocol that is effective for this year. They will meet in the autumn to discuss arrangements to apply thereafter. Otherwise the parties will meet as required to review the operation of the protocol, to oversee the delivery of industrial peace, stability and good industrial relations, and to consider any procedural matters where difficulties arise. The parties will establish agreed tripartite structures under a rotating chairmanship to include Government to discharge the functions set out in paragraph that I outlined before making that comment.

It is clear that they are seeking to deal with these matters on a case-by-case basis taking into account issues I have just mentioned as being important, shared commitments that both employer and employee representatives would have in terms of trying to maintain and protect employment, and provide a way forward consistent with the maintenance of employment generally.

On legislation, I would not agree with the characterisation the Deputy suggested. The Employment Law Compliance Bill and the Employment Agency Regulation Bill are being considered at present. The Employment Law Compliance Bill passed Second Stage here without division in March. It awaits Dáil Committee and Remaining Stages and Seanad consideration. A comprehensive set of Government amendments will be tabled for Dáil Committee Stage consideration, including changes to the body of the Bill to reflect the outcome of detailed consultation with stakeholders as well as further detailed examination of the Bill with the Parliamentary Counsel in the Office of the Attorney General.

The Employment Agency Regulation Bill was published in July 2009 and its Second Stage was completed on 25 February. We hope Committee Stage will take place during this session. It updates existing law on the licensing of employment agencies and extends the licensing regime to agencies outside Ireland. It is anticipated that progress will be made on the Bill in the current Dáil session.

There is also the Industrial Relations (Amendment) Bill, the consumer and competition Bill and the issue of the transfer of undertakings directive. Legislation will be required to transpose into Irish law the terms of an EU directive on temporary agency work. Discussions between the social partners aimed at agreeing a framework agreement are continuing. Public consultation and preparatory work on the Bill are expected to be completed by the end of this year. Considerable work on legislation, both detailed and preparatory, is going on at the moment.

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