Neale Richmond (Dublin Rathdown, Fine Gael) | Oireachtas source

I thank the Deputy for raising the issue. As she may be aware, a LEEF subgroup has been established, which I chair, to discuss in detail the recommendations contained in the final report of the LEEF's high-level working group on collective bargaining. The Irish Congress of Trade Unions, ICTU, and the Irish Business and Employers Confederation, IBEC, are represented on the group, which last met on 16 November 2023. Unfortunately, I was unable to attend due to a last-minute commitment but the meeting went ahead in my absence as the group is very keen to get this concluded.

Prior to the last meeting, my Department circulated a note to the social partners on a proposed approach regarding some of the report's recommendations. The Department and the social partners had a positive and constructive discussion at a meeting I chaired on a range of recommended actions, including the use of technical assessors to assist the joint labour committees, JLCs, and to advise the Labour Court when preparing opinions; the makeup and membership of JLCs; the scope of sectors in respect of which JLCs should be established; other changes that could be considered to incentivise participation in the JLC mechanisms; and training requirements.

There was also some discussion about Ireland's action plan on collective bargaining, as required by the EU directive on adequate minimum wages, and how we can best work together to develop it. Both legislative and administrative measures need to be fully considered to give effect to the report's recommendations. In some cases, the legal proposals pose complicated legal and constitutional issues that require considerable analysis. Some recommendations could lead to legal challenge if not considered carefully. It was agreed with the social partners that this should be avoided.

Officials have been engaged with the Office of the Attorney General on those proposals, which would require legislative amendments. These are the proposal to empower the Labour Court to propose an employment regulation order when a JLC cannot convene, and the proposals for good faith engagement at enterprise level. A written opinion has been requested on these issues from the Office of the Attorney General. The group will meet again in due course.

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