Richard Bruton (Dublin North Central, Fine Gael)

Deputy Tóibín proposes to delete, in page 6, line 4, "the desirability of agreeing and maintaining" fair and sustainable rates of remuneration in the sector and substitute "the agreeing and maintaining of" fair and sustainable rates of remuneration in the sector. This issue relates to the principles and policies to which the Labour Court must have regard before registering an employment agreement. The same approach is proposed in amendment No. 18, from Deputy Tóibín, on the principles and policies that a JLC must have regard to when formulating proposals to submit to the Labour Court for employment regulation orders.

These amendments were considered at Committee Stage. Deputy O'Dea, in particular, questioned whether including the desirability of this, that or the other is bad drafting. I undertook to seek the view of the Office of the Parliamentary Counsel on the issue. The Office of the Parliamentary Counsel is firmly of the view that reference to the desirability should remain as it gives an indication that these are appropriate principles to which the court and the JLC should have regard and are desirable principles in themselves.

As I understand this, and I am no lawyer, we are seeking to embody the concept of weighing up different principles which, though desirable in themselves, can conflict. If one leaves out the word "desirability", one moves from one of a range of principles that must be considered to an absolute and one removes the discretion of the court in evaluating principles which at times are in conflict with other principles which we are seeking to pursue.

The other aspect of it is that it becomes open to challenge and fetters the freedom of the court. If one puts it in absolute terms, one can challenge that one did not maintain competitiveness in the sector - whatever that means. Therefore, the desirability of maintaining competitiveness shows that it is an issue that they weigh up while they are also weighing up, as the Deputy's amendment has set out, the desirability of maintaining adequate pay rates etc.

This is not some conspiracy to dilute this principle but it recognises that these are principles that must be weighed, one against another. They are not set in absolute terms. They are set as issues that are desirable that the court needs to bear in mind, but it is a balancing act that they are undertaking. As a result of both listening to the debate and my consultation with the Office of the Parliamentary Counsel, I am not in a position to accept the amendments.

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