Dara Calleary (Mayo, Fianna Fail)

In the context of a debate on JLCs and employment rights generally, it is important to emphasise that the vast majority, by which I mean 90% plus, of employers are decent and committed to the well-being of their employees. They are conscious of how that well-being contributes to the overall success of their businesses. The happiness of employees contributes to the success of service industries and other areas covered by JLCs.

Over the past three years, the vast majority of employers have faced unprecedented challenges, as they have tried to keep their doors open and retain people in employment. The machinery around EROs and JLCs, which has been ruled down by the recent judgment, proved itself to be inflexible and unhelpful in that task. I came across many situations, both as a Deputy and a Minister, where there was workplace agreement within companies on a temporary adjustment or change in conditions, but this could not be pursued because of the limitations of the then existing legislation.

We are lucky to have an excellent team of departmental officials who are dealing with this area. We have prepared legislation in this respect. Over the past two nights, I have listened to the cri du coeur from Labour Party Deputies in particular, bewailing where that legislation went. Because of our wish to consult with many organisations, including their own military wing in SIPTU, we were delayed in preparing and introducing that legislation. We were ultimately overtaken by the financial, economic and political events of last autumn.

It is a difficult circle to square. On the one hand, we do not want to give an unfair competitive advantage to unscrupulous employers by allowing them to drive a coach and four through employment rights legislation. However, we must give a chance to businesses that are struggling and that want to do the decent thing. The redesign of JLCs must incorporate flexibilities and must show a recognition that the economic ways of doing things today are very different from those of the 1940s, 1950s and 1960s when this system took hold.

We now have the judgment and there are several operational issues I would like to put to the Minister of State. I appreciate he might not be able to give us a response this evening, but if we could get it before the end of the recess, that would be great. What is the status of any ongoing National Employment Rights Authority, NERA, investigations into breaches of JLC regulations? Can he confirm that NERA has begun to withdraw prosecutions related to JLC regulations and pay rates? Given that the system has been ruled as unconstitutional, is it possible that any company or organisation previously found guilty of offences under the legislation might have recourse to seek repayment of damages, fines and legal fees?

The judgment has presented us with a good chance to redraw the industrial relations system. We should never waste a crisis and we should get the combined knowledge of everyone involved to produce a system that is fit for purpose in 21st century Ireland. I welcome the appointment of Mr. Ger Deering to bring the various employment rights agencies together. That system is incredibly complex and it does not assist employees seeking redress, nor does it assist employers. The Bearing Point report, which was prepared by the last Government, as well as the Croke Park agreement and the changes that this is making to Departments, will provide Mr. Deering with a good road map in that area.

We must be realistic. Our economy is in such a situation that this requires a rapid response. It requires a response that realises that inflexibility costs jobs and that the old ways of doing things has to be different. We can do things differently by offering protection to employees and by deterring rogue employers, but let us do so quickly and without any further unnecessary delay.

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