Brendan Smith (Cavan-Monaghan, Fianna Fail)

I am glad to have the opportunity to make a short contribution on this important legislation.

My colleague, Deputy Calleary, referred to the ongoing dispute in Cork about which Deputies Buttimer and Martin have been exercised for the past number of weeks. On Thursday last, some of the workers from Vita Cortex from Cork were here in Kildare Street along with employees of the Lagan Brick company from Kingscourt in my constituency. I put this issue forward as a Topical Issue debate and was glad that the Minister, Deputy Bruton, came to the House and responded in person. I appeal to the Minister of State, Deputy Perry, to ensure that a further message goes to the Labour Relations Commission that we want that dispute resolved as soon as possible. The Minister of State can, through the appropriate channels, outline our concern and that of the local community about that ongoing dispute. A proper industrial relations architecture is necessary in any modern economy. We must ensure that our workers are adequately protected.

In the case of Lagan Brick, the company, which was established in the 1930s, had approximately 30 employees when one evening in the middle of December last, two of the shop stewards were called to a meeting to be told that the employment would cease forthwith. That was not in keeping with the protection of employees Act and, naturally, the issue has been the source of protest since the middle of December last. The issue is before the Labour Relations Commission and a conciliation process has been underway for two weeks. From my dialogue with employees and with SIPTU, I understand that some progress is being made. I appeal to the Minister of State, Deputy Perry, and his Department to ensure that a message goes clearly back to the Labour Relations Commission that we want the issue dealt with and the employees to get all their due rights. Other public representatives - Deputy Ó Caoláin and Senators Byrne and Wilson - have also been speaking publicly on this issue as it affects Cavan, Monaghan and Meath because persons from each of those counties have been employed in Lagan Brick over the years. Our ultimate aim is to seek the production facility back in operation.

There has been a tradition of brick manufacturing in Kingscourt for over 100 years. Some decades ago, there were two brickyards in Kingscourt. We want to see the one surviving brickyard back in production.

I was disappointed that a major company would communicate with its employees the cessation of their employment in such a way, with a few hours notice. It was not adequate. I would appeal to the company and the Labour Relations Commission to ensure that all the workers get their due rights. Staff have been there for many years. One employee I know has worked in the company for over 40 years and many other workers are long-standing employees as well.

I visited the company when the employment subsidy scheme was introduced a number of years ago by the former Tánaiste and Minister for Enterprise, Trade and Employment, Ms Mary Coughlan. With the downturn in economic activity, particularly in the construction sector, demand for the Lagan Brick product had understandably reduced. At that time, the company brought in greater efficiencies. There was a reduction in pay. My understanding is that 25 workers today are doing what 34 workers did previously. That showed the goodwill, faith and determination of the workforce to ensure that they made their plant more effective, more efficient and more productive. I want to see it back in operation as soon as possible.

One person's reform can be another person's pay cut. As the parties in Government have shown us over the past nine months, the use of language and the awarding of statements is pivotal to this debate. Everyone speaks of reforming the JLC system but the problems start when it comes to framing the reform.

Deputy Calleary gave a good outline of the difficulties in achieving the proper balance to protect workers' rights and to ensure that we are also encouraging the creation and maintenance of employment. Fortunately for those affected, the previous Government put the right framework in place by appointing Duffy Walsh at the beginning of last year to examine ways to reform the operation. It reported in May last. The fact that it has taken a further eight months for the Government to arrive at some consensus and get us to today's debate has only succeeded in causing further worry and anxiety for so many employees.

When Duffy Walsh reported some, in particular Labour Deputies, were frustrated in their comments that the Minister, Deputy Bruton's, notion of reform differed considerably from their own and they were good at getting that message out. The spinning and posturing, coming not only from around the Minister but from others, both some in Fine Gael and other commentators in the public media, alarmed everyone concerned with protecting the lowest paid. The attitude of scrapping the JLCs does not assist anybody. It does not assist the overall economy, employees or the overwhelming majority of employers, who are conscientious and hard-working people and who want to put in place the best conditions and wages and remuneration for their employees.

The programme for Government negotiated and agreed between Fine Gael and Labour refers to reforming the JLC structures but leaves itself open on wider issues, stating, "Reform options will examine the rate of pay for atypical hours". Perhaps this half-hearted commitment goes part of the way to explaining the unnecessary and unforgivable delay in getting this Bill before the Oireachtas. This is a matter that should have been resolved before we returned after the summer recess. It is has drifted unnecessarily. The Fianna Fáil Party was anxious to see it dealt with and it is regrettable that the obvious infighting at Government and Cabinet level, and maybe between the parliamentary parties, delayed the process. Thankfully, what was being touted some months ago has been mitigated.

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