Dáil debates

Wednesday, 9 March 2022

Flexible and Remote Work: Motion [Private Members]

 

10:22 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

The Government will not oppose this motion today. I welcome this opportunity to discuss the important matters of flexible and remote work and thank the Deputies for bringing forward this Private Member's Motion on same. I welcome the opportunity to speak on it myself and, more importantly, to hear the views of Members of this House.

The Government wants remote and flexible models of working to be a much broader part of life post Covid. It is a key consideration in Government policies such as the national economic plan, the climate action plan, the town centre living initiative and the smarter travel policy. The State is committed to increasing remote work adoption in Ireland through removing barriers and developing infrastructure. Last Friday I joined the mayor of Galway, Councillor Colette Connolly, in opening the PorterShed, a facility for 180 hot desks, with the opportunity to increase by another 250 if required. Such facilities are being supported by this Government with grant aid through Enterprise Ireland. The Government is also providing guidance, raising awareness and leading by example in this area.

Last year we published a remote work strategy, a core pillar or which centres on creating a conducive environment. A commitment was made to legislate to provide employees with the right to request remote work. This is one of the key actions of the strategy. Draft right to request remote work legislation proposals were brought forward by the Government in response to its commitment to make remote working a permanent feature of Ireland's workforce in a way that can benefit all, economically, socially and environmentally. These draft proposals are currently going through pre-legislative scrutiny and I would encourage all members of the Joint Committee on Enterprise, Trade and Employment to participate in that scrutiny process because the Government is open to making constructive amendments to its original proposals.

While the adoption of remote work was already increasing in Ireland, Covid-19 has greatly accelerated this trend, making remote work a central part of the workplace today and into the future. It is one of the few positive legacies of recent years. In terms of today's discussion, it is important to address the distinctions between remote and flexible work. Remote work refers to an arrangement whereby work is fully or partially carried out at a work site other than the default place of work. However, the definition of flexible work is much broader than remote work and may include the possibility of starting or finishing work at different times, doing compressed hours, access to flexitime and shared working options.

Directive 2019/1158 of the European Parliament and the Council on working life balance for parents and carers contains provisions relating to flexible working arrangements. As the right to request flexible working arrangements under this directive extends only to parents and those with caring responsibilities, the required legislative amendments will relate to the Parental Leave Act 1998 and the Carer's Leave Act 2001. Responsibility for transposition of the directive rests with the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman. This work is currently in train.

The motion proposes a presumption that if work has been done remotely during the Covid-19 pandemic, it is reasonably practicable for it to continue to be done remotely. However, it is important not to conflate the experience of home working during the Covid-19 pandemic with remote working under a regular scenario. Employers facilitated workers to work from home because of a Government instruction in light of a global health crisis and a highly contagious and dangerous virus. It must be acknowledged that the sudden introduction of mass emergency home working often resulted in less than ideal working conditions for both employees and employers alike. Using this scenario as the basis for legally requiring employers to continue to allow all workers to work remotely would not be fair, balanced or proportionate. Again, we should not conflate the experience of home working during the pandemic with remote working under a regular scenario.

As I said at the outset, the Government wants remote working to play a greater part of life in Ireland. It can play a central role in enabling increased flexibility to support a better work-life balance. The Government is acutely conscious of this and of the significant long-term shift in attitudes to remote working among employers and workers throughout the country. Acceptance of remote work is high, and remote and hybrid working is very much here to stay.

Earlier this year, on 25 January, the Government approved the priority drafting of a right to request remote working Bill 2022, and pre-legislative scrutiny of the general scheme of Bill by the Joint Committee on Enterprise, Trade and Employment began on 9 February. The Tánaiste and the Government have said on several occasions that we are open to changes, especially on the provisions relating to the number of reasons to reject a request for remote working and the mechanisms for appeal. It should be noted that the current proposals include provisions requiring, for the first time, that all employers have a policy on remote and hybrid working as well as a legal right for workers to request it. Currently, that is not the case. The Department of Enterprise, Trade and Employment is currently examining the legal issues relating to strengthening the redress provisions and the right of appeal and is taking legal advice on the matter. The Government's Bill will enhance the rights and entitlements of workers but it also needs to ensure a balanced approach that is fair and affordable for employers. Similarly, it must be acknowledged that not all occupations, industries or particular roles within enterprises will be appropriate or suitable for remote working, including construction workers, nurses and so on. Therefore, calls for an automatic legal right for all workers to be granted remote work are not realistic.

The legislation provides for the development of codes of practice to provide guidance to employers, employees and their representatives on the general principles that will apply in the operation of remote working and to aid with the implementation of new legislation. Information will also be provided in the form of templates for remote work policies to assist employers to develop their own policies and to help them to identify the types of information and procedures that should be outlined in them.

The intention remains that the Government Bill will be progressed through the Oireachtas as quickly as possible. Following the publication of the Oireachtas joint committee's report on pre-legislative scrutiny, any recommendations will be reviewed and considered by the Tánaiste.

It should be noted that remote working is a broader concept than home working and that there are a significant number of Government and industry-led initiatives and funding aimed at facilitating and promoting remote work in all regions, including the development of hubs and the provision of high-speed broadband.

New regional enterprise plans to 2024 are currently being launched by me, the Minister of State, Deputy English, and the Tánaiste, and there is a focus on remote working opportunities and infrastructures in each region. Funding of €9.3 million, under the regional enterprise transition scheme, RETS, was awarded to 24 projects in July 2021, including remote working hubs. In addition, €8.9 million in funding was announced by Minister for Rural and Community Development under the connected hubs scheme, a key deliverable of Our Rural Future. The Minister for Finance also announced an enhanced income tax deduction for remote workers as part of budget 2022. This amounts to 30% of electricity, heating and broadband expenses.

The positive impacts of increased remote work can be substantial and remote working has the potential to fundamentally change the nature of where, how, when and why people work. This, in turn, will bring about economic, spatial, environmental, cultural and societal change. While remote working should never be used as a substitute for any form of childcare, it provides families with more flexibility, around which they can base their early learning and childcare choices.

Multiple benefits can be derived from remote work. They have been highlighted by speakers already, and no doubt will be highlighted by many more speakers as the debate progresses. These benefits will help to achieve numerous public policy objectives. The benefits include increasing participation in the labour market, attracting and retaining talent, enabling balanced regional development, alleviating accommodation pressures, improving work-life balance, improving child and family well-being, reducing the amount of time spent commuting, and reducing carbon emissions and air pollution.

Before I finish, I again thank the Deputies for bringing forward the motion today. This is an important opportunity to discuss further the benefits of remote working and the consideration required to ensure it is a viable option for both employers and employees in the long term. I look forward to hearing the contributions of various Members during the course of the debate. I encourage all Members to participate in the pre-legislative scrutiny with the other key stakeholders to ensure the legislation that is proposed can be enhanced to the benefit of workers and employers alike.

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