Robert O'Donoghue (Dublin Fingal West, Labour)

This debate comes at a rather important time. Yesterday, in the audiovisual room, the Irish Congress of Trade Unions had its Respect at Work campaign. One point that it raised that struck me is that we are still in this position, in 2025, where we have a constitutional right to join a trade union but we have no legislative right to collective bargaining or to halt union busting, which undermines the rights of workers.

The joint labour committee process was created to address this problem by setting out minimum pay and conditions where workers were poorly organised and vulnerable. Historically, the JLCs were seen as protectors of poorly organised sectors, but instead of advancing real collective bargaining rights, the Government seems happy to hide behind a volunteerist JLC system, holding a carrot-and-stick approach to workers rather than legislating for genuine collective bargaining or transposing the EU directive on adequate minimum wages and legislating to remove the effective employers' veto within the current JLC system. As these flaws within the system are plain to see, it will currently only work if both representatives from employers and trade unions come to the table in good faith.

For example, the early years sector is seen as having a successful JLC as the unions manage to get employers' representatives to the table but, because of the volunteerist nature of the process, every employment regulation order has been held up while waiting for employers' bodies to meaningfully engage.

The first EROs only came about with Labour Court intervention. The third wage deal, which was due to take effect on 1 September, still has not been signed into law. Educators are missing out on their pay rises and providers, many acting in good faith, are already paying these rates. It needs to be signed into law as soon as possible. Some €45 million in public funding has been allocated to cover this cost but, because of the delay and the volunteerist nature of the current JLC process, €800,000 of taxpayers’ money goes back into the Exchequer each week instead of reaching the educators and the good providers. This should have been implemented on 1 September.

That is not fair to the workers or to the good employers who have engaged in the JLC system. It makes a mockery of the Government promises to bring respect and to support collective bargaining. That is why this Bill is so essential. It would finally end the employers’ boycott, restore the original intent of the JLC system and make sure that vulnerable low-paid workers get the protection they deserve. This should only be a first step. We also need stronger legislation to deliver real collective bargaining, like that available in most progressive European countries, in line with the EU directive. This would guarantee that workers have a genuine voice in shaping their pay and conditions.

Passing this Bill is about fairness and dignity at work, and respecting the contribution of workers in sectors too often overlooked. It is disappointing that the Bill is to be opposed. I welcome the commitment to publish the action plan for the promotion of collective bargaining in line with the directive. We know that in the transposition of any EU directive, it can be transposed at the high end or the low end. It is my fervent hope that the Government chooses to transpose at the high end.

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