Dáil debates
Wednesday, 8 October 2014
Workplace Relations Bill 2014: Second Stage
11:20 am
Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source
I apologise on behalf of my colleague, Deputy Dara Calleary, who cannot be present, and who asked me to contribute to the Bill on his behalf. Fianna Fáil welcomes the Government’s decision to reform the State’s existing employment rights and industrial relations structures, a process which was commenced by my colleague, Deputy Calleary, in the previous Government. Ireland has a stellar reputation internationally in the area of workplace relations. One of the reasons we remain a location that is highly favoured by foreign direct investment is that, compared with our competitors, the number of industrial disputes in Ireland is notably lower. We must, however, remain vigilant in the face of increasing competition internationally. We must ensure our employees and employers are provided with the proper workplace mechanisms to ensure disputes which will inevitably arise will be addressed in an effective manner. We must remain ahead of the game when it comes to improving our structures within the State. We believe the Bill will be a first step in guaranteeing the structures needed for the coming years.
It has been put forward that the current system for resolving individual disputes related to the workplace is wasteful, both in terms of State resources and those of users. It has also been said that there has been significant frustration for employers, employees and professionals representing them in how the current mechanism is structured. We in Fianna Fáil support the Government’s objective to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost-effective and provides for workable means of redress and enforcement, within a reasonable period. A cost-effective system which delivers for employer and employee alike would result in significant benefits for the economy overall. The system that developed over the past 60 years, while serving a purpose as the structures developed, may indeed have become unwieldy, complex, inconsistent, slow and, in some cases, expensive for users. We support a streamlining of those structures to deliver a better service to those who find themselves having to rely on the mechanisms of the State to broker a compromise.
The Bill before the House marks a new departure in the sense that it provides a statutory basis for a new structure which will see the existing five State bodies replaced by two. That makes sense in the context of reduced budgets for all State agencies, but also in terms of simplifying the bodies dealing with an area which needs less complication and more effectiveness. We welcome that the Labour Relations Commission, LRC, the National Employment Rights Authority, NERA, the Equality Tribunal, the first instance functions of the Employment Appeals Tribunal, EAT, and the first instance functions of the Labour Court will be replaced by the new Workplace Relations Commission, WRC, and the appellate functions of the EAT will be transferred to a new expanded Labour Court.
We welcome that the Bill seeks to create a modern, user-friendly, world-class employment workplace relations system that will provide significant benefits for its users and society as a whole. The focus must be on resolving workplace disputes as quickly and inexpensively as possible. The State must also commit to providing the necessary resources to ensure the new structures work and work well. It is notable how all institutions, agencies and bodies in the State struggle to provide the services they are required to provide on an increasingly reduced budget. Many State institutions are struggling. Whether it is the National Library, the Courts Service or any hospital in the country, the message is clear. They can take no further reductions in budget to do their job. In that regard, I urge the Government to ensure that with a streamlined mechanism for workplace relations, the reduction in bodies will not result in a higher proportion of cuts to the budgets required to deliver the new services.
I acknowledge the key measures that are contained in the Bill. The fact that the services of the Equality Tribunal, the National Employment Rights Authority, NERA, the Labour Relations Commission and the first instance functions of the Employment Appeals Tribunal, EAT, are to come together under the remit of the workplace relations commission, WRC, is a sensible move. The same can be said of moving the appellate functions of the Employment Appeals Tribunal to be amalgamated into a reconfigured Labour Court. What we on this side of the House would like to see clarification on, however, is how the officers of the respective bodies are to be integrated and the Minister might outline this in his response. I also assume there will be some savings made through the streamlining of services, the sharing of services and the reduction in facilities costs. Again, this is something on which I would welcome clarification from the Minister.
The current scenario where disputes or complaints are addressed by means of a rights commissioner, the Employment Appeals Tribunal, an equality officer, the Labour Court or NERA inspection, depending on the legislation involved, is far too complex and not conducive to an effective mechanism for resolution. This Bill, replacing the existing complex system of five different bodies with a straightforward, two-tier system for employment rights and industrial relations disputes, must be welcomed. It makes sense for the workplace relations commission to deal with all cases in the first instance and subsequently for the Labour Court to deal with all cases on appeal.
We also welcome the creation of the position of director general of the workplace relations commission, ensuring a single point of leadership rather than the four that exist in NERA, the Labour Relations Commission, the Employment Appeals Tribunal and the Equality Tribunal. I would, however, ask the Minister to clarify why he has decided that the staffing of the workplace relations commission will in future come from officials from the Department of Jobs, Enterprise and Innovation. This is an interesting move but one which could prove controversial if the independence of the workplace relations commission is undermined through supposed political interference. I would welcome hearing the Minister's rationale for this move.
This Bill will be judged either as a success or a failure not on whether the structures look well on paper or even on how much money the streamlining of services will save. It will be judged as a success only if it provides the citizens and companies of Ireland with a more effective and cost-effective service in finding resolutions to disputes, vindicating the rights of workers and employers and securing Ireland as a great place to invest and do business into the future. Employees in Ireland are entitled to receive certain basic employment rights and those rights often need to be guarded. We hope that the Bill will make those rights easier to guard then previously.
I reaffirm my party's support for the Bill. We hope to offer constructive criticism as the Bill goes through the Oireachtas and we look forward to the Minister's response.
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