Andrew Doyle (Wicklow, Fine Gael)

I welcome the opportunity to speak in this debate. Deputy Ross is correct that this is a complicated issue. There is a balance to be struck in trying to ensure those who are protected under what was the JLC system continue to be protected to ensure it is more attractive to seek a job than not to, which would be the risk if the JLC system were to be turned upside down. We would be in a much worse position on foot of this judgment had the Duffy-Walsh review not been initiated. Otherwise we might have been looking for a suspension of Standing Orders to allow the House to discuss the situation because we had nothing prepared. As it is, quite an advanced amount of preparation work has been done and we are awaiting the final report and conclusions from the consultation process that took place on foot of the report.

We all agree on certain things. The areas to which the main EROs and REAs apply have suffered the greatest job losses since 2008. There has been a 60% loss of employment in construction, and 15% in the retail and wholesale sectors. Catering and hotels have seen a 20% loss. Something is broken and needs fixing. Any employer will say - I am sure no employee will disagree - that there is too much bureaucracy in employment law. While employment legislation was introduced, the law it replaced still seems to remain on the Statute Book. The JLCs were introduced before we had a minimum wage and legislation to protect the rights of workers in the workplace and to ensure they and the employers were given equal opportunity to ensure fair play existed.

There are people on the minimum wage to whom this JLC structure does not apply. For 4% of the working population, employers have been able to avail of a 50% PRSI reduction. It does not apply to people on JLCs. As a young and not so young fellow, I worked behind a bar on a Sunday, which was the only day of the week I could work. Under the current regime I would not be able to work and there are many people in that category. Deputy English spoke about the people for whom weekend work is critical to allowing them to go to college or whatever, and we need to be cognisant of that.

We need to strike a balance and it will be difficult. It is accepted that people come from different perspectives on this issue. People in this Chamber can be pigeonholed politically. If we get too political on this, we will not resolve it. We will have a halfway to nothing solution that will still be archaic and unfit for purpose. Let us realise that and try to work it together. It is not often I call for all-party agreement, but on this one we need to have it.

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