Niamh Smyth (Cavan-Monaghan, Fianna Fail)

I thank all Deputies for some of the very strongly held views expressed on this particular topic.

The Government is fully committed to supporting workers and employers and delivering further supports for collective bargaining this year, following the public consultation. However, the Bill as proposed would leave the resultant legislation open to the possibility of legal challenge as regards an employer’s right not to engage with or recognise trade unions.

Ireland’s system of industrial relations is voluntary in nature. The approach set out in the Bill would undermine the voluntarist approach to industrial relations that has existed down through the decades. Our industrial relations legislation offers robust protections to trade unions to allow them to go about their business of protecting workers’ rights. The freedom of association and the right to organise and bargain collectively, as set out in Article 40 of the Constitution, are also guaranteed in a number of international instruments the State has ratified and which it is, therefore, bound to uphold under international law.

The Government continues to fully support the right of any worker to join and be active in his or her trade union. Under the Unfair Dismissals Act, an employee cannot be discriminated against or dismissed because he or she is a member of a trade union. Additionally, the Workplace Relations Commission’s code of practice on victimisation refers specifically to "victimisation arising from an employee’s membership or non-membership, activity or non-activity on behalf of a trade union" in specific circumstances, including situations where there are no negotiating arrangements and where collective bargaining has not taken place. A complaint under the code may be made to the Workplace Relations Commission under the Industrial Relations (Miscellaneous Provisions) Act 2004, providing for up to two years' remuneration in compensation.

I will highlight the many positive and progressive changes to workers’ rights the Government has introduced in recent years, resulting in significantly improved working conditions for workers. These include a new bank holiday in February; placing sick pay on a statutory basis; legislation on tips and gratuities; substantial increases in the minimum wage; enhanced protection for employees facing collective redundancies due to insolvency; legislation to provide the right to request remote working; and improvements to the employment permit system.

In 2025, we established a new employment law review group to look at issues such as unfair dismissals; provided that the statutory protection of the Organisation of Working Time Act is now applied to members of the Defence Forces; concluded a public consultation on extending the late working hours exemption for young persons to unlicensed premises - feedback from the consultation will guide our understanding of current working conditions for young people in both licensed and unlicensed workplaces; and advanced legislation to protect older workers with a contractual retirement age below the State pension age. We have also seen further developments across government, including the implementation of the EU pay transparency directive and the introduction of a pensions auto-enrolment system, which is also a programme for Government commitment and a key priority for the Minister for Social Protection.

This Government is committed to strengthening and protecting working conditions, fair treatment and fair wages for workers, and supporting businesses in addressing the challenges the enterprise sector is facing. The Government will finalise an action plan on collective bargaining by the end of this year, following the consultation process currently under way and in consultation with the social partners. I am confident this will address many of the issues of concern to the Opposition in a sustainable way, and I am firmly of the belief that this is the best way to support collective bargaining, businesses and workers in resolving issues of mutual interest.

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