Clare Daly (Dublin North, Socialist Party)

I wish to share time with Deputies Boyd Barrett and McGrath.

I welcome this Bill in so far as it restores the status quo that existed before the High Court ruled that the JLCs were unconstitutional, which is to be welcomed. It is necessary because, as other speakers said, although the Government has promised to introduce legislation to deal with this issue, we are still waiting. It might be okay for the Deputies to sit waiting, but it is not okay for the hundreds of thousands of workers who were previously covered by these agreements - the most vulnerable sectors of our workforce. What the Government is proposing, as has been made clear, is a yellow pack JLC arrangement which would specifically exclude areas such as Sunday pay, and this is not good enough.

I agree that we need to move on this Bill to get it to Committee Stage, although what is before us today is not perfect. Its biggest weakness is that it includes an inability-to-pay clause, which is really a charter for employers, particularly the smaller, non-unionised operators, to let themselves off the hook. Surely these are the very companies that employ the most vulnerable workers? These are the areas of employment in which workers need the most protection. By leaving that in, we are facilitating a race to the bottom - not, I must say, that many employers need encouragement in that regard. We need only look at the situation on the ground.

Members should consider the position that prevailed prior to the High Court ruling because the Bill proposes to revert to that status. The last NERA report was published one week before the High Court ruling and tells a sorry tale. A total of 810 places of employment were inspected, of which the sector that did best was construction, with a compliance level with joint labour committees, JLCs, agreements of 61%. Although that might sound okay, it is not when one considers this means there was a non-compliance level of 40% in the sector that was the best by a long shot. The list reveals a sorry state of affairs. For example, a compliance rate of 26% was recorded in the catering sector, that is, one in four workers. The retail and grocery and hotel sectors recorded compliance rates of 28% and 26%, respectively. I note these sectors predominantly are ones in which women, young people and immigrants are employed. I reiterate this was at a time when the High Court was in place and consequently, the system that was in operation previously was in and of itself simply not enough. This offers a valuable lesson to many unions and others that they cannot put their stock simply into having legislation passed and then believing it in itself will protect workers. They must get back to doing what they were set up to do, which was to organise workers to defend themselves because, ultimately, that is the protection workers have.

The other side of this issue pertains to those who have been lobbying to unravel and decimate the JLC system. This has nothing to do with job creation and everything to do with the race to the bottom in the employment market. One need only look at the carry-on of the Restaurants Association of Ireland, one of the biggest advocates for the unravelling of the JLC system. It recently came out with the most ridiculous report claiming the High Court ruling had led to the creation of additional jobs, an absolute and utter myth. It claimed that 490 additional jobs had been created in July and August this year, supposedly as a result of the High Court ruling, and that 164 of these were related to the JLC aspect. One then finds out, of course, that no professional poll was carried out, but that the association had randomly contacted 148 of its 700-plus members to have a little chat with them over the telephone. Arising from this, 64% of those contacted stated the High Court ruling was a factor. In a sector with a workforce of 64,000, an additional 490 jobs were created during the summer tourism season and this is supposed to back up the spurious claim that the High Court ruling protects jobs and delivers employment. The association's own information proves this is absolute and utter nonsense.

The Bill proposes an amendment to the Industrial Relations Act 1946 and I welcome it as a short-term measure. However, as much more is required of it, it must proceed to Committee Stage to be beefed up a little and certainly to get rid of the inability to pay clause. I also would like amendments to be made to the Industrial Relations Act in respect of a number of other aspects that serve as an impediment to workers taking action to defend their jobs and conditions.

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