Dan Neville (Limerick, Fine Gael) | Oireachtas source

I welcome the opportunity to contribute to the debate on the Bill. It seeks to reinstate the system of registering collective agreements in individual enterprises and will provide for a system of registering employment agreements on a sectoral basis. The Bill also aims to legislate for the right to collective bargaining and put in place anti-victimisation measures.

The Bill has arisen as a result of a decision of both the High Court and the Supreme Court in regard to the constitutionality of the previous agreements. The previous situation with regard to the registration of employment agreements worked quite well. I practised in the area of industrial relations for 18 years and I saw the process in operation. There were very few problems with the previous situation. I have practised in that area on both sides of the divide. I was a personnel manager for 15 years and, subsequently, I was an employer's nominee to the Employment Appeals Tribunal for nine years. I was a member of SIPTU and I was nominated by trade unions to contest the Seanad and I represented the Labour Panel in the Seanad twice. Therefore, I have seen the process operate from both sides. The existing legislation worked quite well. The necessity for it at that time was obvious. I do not want to name any sectors but it protected certain sectors very well which otherwise would not have been protected. It prevented the victimisation of certain categories of employees. It did not in any way restrict investment into the country. The companies that invest in the country and create employment are very good payers; they would not be come under the ambit of an employer with respect to the system as proposed in the Bill.

The Bill represents a commitment by the Government to reform the current law on employees rights to engage in collective bargaining in order to ensure compliance by the State with recent judgments of the Europe Court of Human Rights. We have a system of collective bargaining, which is voluntary, with the aid of the Labour Court and its services and other services. We have a system of trade unions and employers organisations, and that system has worked reasonably well over the years. We have also a system of as little engagement as possible by the Legislature in regard to collective bargaining. That is a very important yardstick in how we manage our industrial relations.

Under the Bill, the Labour Court is entitled to initiate a review of pay and pensions, seek entitlements and make recommendations to the Minister. The Minister should use the recommendations wisely and examine them rather than simply sign the order. It is important that the Minister adopts a hands on approach to difficulties that employers, employer associations, employee associations and trade unions might have. The Labour Court can initiate a review of pay and conditions at the request of the employers and at the request of the trade unions. There is a balance in that regard. The experience of employers and employees prior to the existing legislation being rendered unconstitutional was quite positive and very few complaints were made about the operation of our industrial relations system. The Minister must be satisfied that the requirements under the legislation are complied with before he makes the order.

I welcome the legislation. I sincerely congratulate the Minister and the Government on bringing it forward. It is timely that the previous situation was addressed.

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