Dáil debates

Tuesday, 14 July 2020

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Employment Rights

4:30 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The last Government and the one before it increased the minimum wage four times, having reversed the earlier cut in the minimum wage. Notwithstanding the earlier comments of the Deputy's party leader, we increased the minimum wage to one of the highest levels in the European Union and to a much higher level than that in Northern Ireland, where the Deputy's party is in power. Legislation to introduce new sectoral minima is problematic because the High Court has found that this House and the Government of the time acted unconstitutionally by applying sectoral employment orders. We need the courts to clarify this issue. There is now a serious point of law to be considered as to whether sectoral employment orders such as these are permissible. Such orders have been struck down before. Legislation to reintroduce them was passed in 2015. They have now been struck down again, or at least the one in question has. Our actions have been found to be unconstitutional. We do not agree with this judgment, which is why we are appealing it to the Supreme Court. It would not be possible, however, to bring in new legislation to set sectoral minima when the courts have found that we do not have the power to do so.

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