Joan Collins (Dublin South Central, United Left) | Oireachtas source

I welcome the Bill, the re-establishment of the registered employment agreements and the introduction of the employment orders for rights already won and struck down. While these are welcome, the only organisations that will properly ensure compliance with these orders and agreements are the trade unions and active trade unionists. The real weakness of this legislation is that it will not fundamentally provide the legal right for collective bargaining compelling employers to recognise trade unions where a majority of employees wish their union to negotiate on their behalf.

I recognise that requires constitutional change but the 1937 Constitution is not fit for purpose. This is demonstrated by the fact that we have one or two referendums a year to attempt to bring our Constitution up to date. Among other things it over-emphasises the right of private property. We need a completely new constitution based on economic, cultural and social rights to reflect the real values of the democratic republic we wish we had today.

I welcome the measures to protect workers from victimisation by their employers for trade union activity. The recent Dunnes Stores strike demonstrated disgraceful examples of the victimisation of workers through demotions, reductions in hours and in some cases sackings. In my constituency, in the Dunnes Stores at the Ashleaf Shopping Centre workers were intimidated into participating in a company ballot to not go on strike again. The action by employers such as Dunnes, Aldi and Lidl in the retail and grocery trade and others in areas, such as construction, shows the need for strong legislation to protect workers. We have become a low wage economy, second only to the United States in the number of jobs classified as low paid. A total of 16% of workers are working poor and the share of national income spent on wages is now lower than that in the 1940s. That is a terrible indication of what Irish workers have gone through in the past decade or so. The State is in many cases supplementing profitable employers through family income supplement and other welfare payments while many workers are so paid so little they do not pay tax. This impacts on the State’s ability to provide decent health and child care services, the services society needs to fulfil many people’s aspirations and hopes and essential human rights.

I urge all workers to use this legislation, make sure it is fit for purpose, that it is robust enough, join a union if they are not already in one, become active in their union and join with their workmates to stand up to their employers because in the long run the only solution to low pay, bad working conditions, bogus self-employment contracts, zero-hour and low-hour contracts and precarious employment is strong, democratic, militant trade unions. I, and others, will move amendments in regard to trade unions access in the workplace and for collective bargaining rights and for workers to be able to meet their colleagues and distribute information, etc.

The Minister of State should also provide negotiating rights for former workers, that is, pensioners. The ESB pensioners have contacted me to say this should be included in this legislation and must be provided for. These people are part of society but are not represented in any shape or form to vindicate their rights. There should be a mechanism in the Industrial Relations (Amendment) Bill 2015 to do so.

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