Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I apologise for that. Section 76 provides for the making of regulations by the Minister, after consultation with the chairman, whereby certain functions of the Labour Court may be performed by the chairman or a deputy chairman sitting alone. In particular, such regulations may provide that certain specified preliminary applications or procedural matters can be dealt with by the chairman or a deputy chairman sitting alone.

Section 78 provides for the consequential amendments to the Unfair Dismissals Acts as a result of the new adjudication structures being introduced by the Bill. I propose to introduce an amendment on Committee Stage to make it clear that all referrals under the Unfair Dismissals Acts made after the commencement of Part 4 will be subject to Part 4, that is, these referrals will be dealt with by the WRC rather than the EAT.

I will comment briefly on the six Schedules to the Bill. Schedule 1contains a list of the relevant employment Acts, the provisions of Acts of the Oireachtas and statutory instruments that are included in the definition of "employment enactments". Schedule 2 contains a list of the provisions within individual Acts of the Oireachtas that will be repealed upon the commencement of the Bill. Schedule 3 sets out details of the corporate structure of the new WRC, including the appointment of a statutory board to the WRC. Schedule 4 sets out details of the list of contraventions of employment enactments for the purpose of compliance notices. Schedule 5 sets out details of the individual employment enactments under which a person will be able to present a complaint or refer a dispute to the WRC. Schedule 6sets out the consequential amendments it will be necessary to make to other employment enactments as a result of the new structures.

My Department is in discussion with the Office of the Parliamentary Counsel on a number of issues where the Bill does not fully reflect the policy as set out in the heads approved by Government. There are also more minor drafting points and consequential amendments to other employment Acts under discussion which I propose to address with amendments on Committee Stage. As a result, I will bring forward a number of Government amendments on Committee Stage. I know I will get considerable co-operation from the committee and its Chairman, who is present.

The key issues which I propose to address by way of amendments to the Bill on Committee Stage include powers of inspectors in section 66, to ensure they have appropriate powers to carry out their duties, subject to the constitutional rights of employers and employees. On adjudication, I propose to put forward amendments to the provisions governing the Unfair Dismissals Acts, Redundancy Payment Acts and Minimum Notice and Terms of Employment Acts to clarify that such cases referred after the commencement of Part 4 will be subject to Part 4. Under enforcement, as I mentioned, I propose to introduce amendments to the enforcement provisions in sections 43 and 45 to provide that non-compliance would be an offence, prosecutable summarily in the District Court.Schedules 2 and 6 do not yet fully provide for the consequential amendments and repeals required to other enactments which come within the definition of "employment legislation" and the amendments will reflect the change. The Office of the Parliamentary Counsel will continue to review and re-draft the Schedules, in consultation with the Department. Amendments to sections 73 and 77 are to ensure appropriate provisions are included in the Bill on the appointment and re-appointment of deputy chairmen and

members of the Labour Court.

I look forward to the contributions of Deputies. The Bill will be significant, modernising legislation. It is a good example of public service reform which will deliver better value for money to the users of the scheme. The system will be easier to use, will be better, will encourage compliance and early settlement and will have a more effective system of enforcement. I commend the Bill to the House.

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