Enda Kenny (Mayo, Fine Gael)

The Deputy is aware that the court decision deemed the structure in place to be unconstitutional. That applied from the moment of the announcement in the court. There have been references to this matter in court cases over a number of years but nothing was done about it. It would not be possible for the Minister to rectify an issue that has been struck down constitutionally with legislation as complex and as robust as would be required between now and the start of the summer recess. The Minister is aware of the necessity to conclude this matter comprehensively and he will do that when he brings his report to Government as quickly as possible.

I note the comments from employers that no serious action should be taken arising from the decision of the court. This time of year is a very busy period for workers involved in these sectors, although that is not an excuse for saying nothing may happen. However, elements of legislation that have been there for quite some time have been struck down as unconstitutional. There were indications, many years ago, that something should be done about those elements but nothing was done.

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