Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I am grateful for the opportunity to speak on the Workplace Relations Bill 2014. I welcome the debate, as we need to improve the quality of life for all workers in the State. I will support and welcome any serious reform proposals given that we all got elected in the last general election on the whole issue of reform and change of modern Irish society.

I welcome that representatives of all employees were involved in the process, in particular the Irish Congress of Trade Unions, which sadly seems to have been marginalised by the Government in recent years. I would like to see a change of mindset from the Government and from the Minister present in particular. We need to bring back and include the unions in many of these discussions about the economic future of the country. Many of us are not happy with the current situation. The Minister cannot come in here and talk about the Workplace Relations Bill while at the same time having an attitude and mindset that does not include people. The days of exclusion have to end and that must be faced regarding this legislation.

We also have the issue of the unemployed and low-paid workers. They have been hammered in the past few years and they deserve our support. They need to be given top priority in this debate. We have seen the recent dispute with the Greyhound workers. They work in a very difficult job, collecting waste around the city. One morning, they were told their wages were being cut by 35% and there was then a long and bitter strike, which, thankfully, is over. While this was going on, many of us wondered why the resources were not used properly and efficiently to end the dispute.

We need to acknowledge the broader trade union movement and its particular contribution to Irish society. I refer not only to the mainstream trade union movement and other unions, but also to the Irish National Organisation of the Unemployed, which represents unemployed people. They also have to have their say on workers' rights and on these issues, particularly regarding women workers, many of whom are on low pay.

Health and safety, and good relations with workers, are also key. In particular, the safety of staff and workers is crucial. Today saw approval for a £16 billion nuclear plant which is to be built 250 km away from the Irish coast, which is unacceptable. The safety of workers on that site and across on our island is very important. I say to the Minister and to the Taoiseach that they should call in the British ambassador to inform him that we have an issue with a nuclear plant being built 250 km from the Irish coast. The people of Dublin, Wicklow and Wexford are very concerned about this. We should haul in the British ambassador to find out what is going on because this is a public safety issue and a workers' rights issue.

Section 32 is designed to safeguard the wages and other statutory entitlements of employees who are working under public construction or other public contracts, while also ensuring competitive tendering and value for money in public expenditure. While I agree with value for money and proper tendering for projects, I disagree with low pay and that needs to be faced up to.

Deputy Boyd Barrett mentioned construction on the Kishoge school in County Kildare where all of a sudden the workers were receiving €5 an hour, which is not acceptable in 2014. It is an absolute disgrace. When debating the Bill, let us also talk about these issues.

The aim of the Bill is 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 will be on resolving the workplace disputes as quickly and inexpensively as possible. I totally endorse the aim of the legislation but we also need to focus on these issues. We need to have workplaces that are happy and efficient, where staff are treated very well. It is good for the economy and the country, but above all it is good for the people themselves.

Earlier, the Minister for Jobs, Enterprise and Innovation said that he undertook extensive public consultation exercises, which I welcome because we need to hear the views of all the stakeholders.

If we are to build a world class workplace relations service, everyone must have a place at the table and an opportunity to have their say.

I broadly welcome the reform proposals the Minister has brought forward. The explanatory memorandum to the Bill reads:

The services of the Equality Tribunal, the National Employment Rights Authority, the Labour Relations Commission and the first instance functions of the Employment Appeals Tribunal (EAT) [are] to come together under the remit of the WRC. The appellate functions of the EAT will be amalgamated into a reconfigured Labour Court.

The memorandum further reads:

The Workplace Relations Bill will replace the existing complex system of five different bodies with a straightforward two-tier system [of] employment rights and industrial relations disputes.

This is a strength of the Bill. It is important to rationalise these services and ensure they are delivered in a sensible way.

The Bill provides that the Workplace Relations Commission will deal with all cases in the first instance and the Labour Court will deal with all cases on appeal. The explanatory memorandum reads:

The creation of the position of Director General of the WRC will provide a single point of leadership rather than [the] four that exist in NERA, the EAT, the LRC and the Equality Tribunal.

This is similar to what we in the Joint Committee on Justice, Defence and Equality have proposed in regard to the Garda Síochána Ombudsman Commission. To have one person directly responsible, that is, a single point of leadership, is very sensible and efficient. It should ensure the job is done quickly, efficiently and fairly.

The explanatory memorandum reads:

The [Bill provides for the establishment of the] WRC Board with responsibility for strategy and annual work programme. This Board will comprise primarily representatives of employers groups, unions and equality bodies.

I especially welcome this section which we hope will bring the unions and equality bodies back into the mainstream of society. We must ensure equality issues and workers' rights are protected to the maximum.

The Bill also provides for "[t]he transfer of all the existing functions provided by the LRC (including conciliation, workplace mediation and advisory services) to the WRC". I welcome also the provision for workplace relations information and advisory services and, likewise, the indication that the WRC will be staffed by officials of the Department of Jobs, Enterprise and Innovation. There is not always sufficient acknowledgment of the excellent work done by these officials. They are very committed public servants, but it is not fashionable or trendy these days to commend them. I take the opportunity to do so today, being well aware of some of the magnificent work they have done in the public service.

The Bill also provides "[a] statutory basis for the use of innovative measures such as Compliance Notices and Fixed Charge Notices to enhance the compliance functions of the WRC". It provides for "[t]he sharing of employment related and other specified information between the WRC, the Labour Court and other official agencies in the context of promoting compliance with employment legislation". Additional members will be appointed to the Labour Court to facilitate the increased workload of the court under the new system. That is another positive aspect of the legislation.

I understand the Minister proposes to bring forward amendments on Committee Stage regarding the powers of inspectors in respect of adjudication and enforcement. The enforcement aspect, which is dealt with in sections 43 and 45, provides that non-compliance with an order of the WRC or Labour Court, as the case may be, will be an offence to be prosecuted in the District Court. We must be careful not to end up in a situation where workers are imprisoned.

The provisions in this Bill will lead to savings in the region of €2 million to €3 million for the Exchequer as a consequence of the increased efficiencies that are achieved. I welcome most aspects of the legislation. We need to provide efficient services that will ensure industrial relations in this State are handled in a clear, efficient and professional manner. I welcome this aspect of the Bill in particular. We cannot have situations where disputes drag on for years.

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