Gerry Adams (Louth, Sinn Fein)
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Question 7: To ask the Taoiseach if he will report on his recent visit to the ICTU national conference. [19529/11]

Gerry Adams (Louth, Sinn Fein)
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Question 8: To ask the Taoiseach if he held meetings with members of the trade union leadership at his recent visit to the ICTU conference [19530/11]

Gerry Adams (Louth, Sinn Fein)
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Question 9: To ask the Taoiseach if he will continue his dialogue with the trade union leadership following his recent visit to the ICTU national conference. [19531/11]

Joe Higgins (Dublin West, Socialist Party)
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Question 10: To ask the Taoiseach if he will report on his attendance at the Irish Congress of Trade Unions Conference in Killarney, County Kerry. [19970/11]

Enda Kenny (Mayo, Fine Gael)
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I propose to take Questions Nos. 7 to 10, inclusive, together.

I addressed the biennial conference of the Irish Congress of Trade Unions on Monday, 4 July in Killarney. In my speech to delegates I outlined the economic challenges facing our country and reiterated the Government's determination to tackle our difficulties head on. I stressed the importance of building confidence in our country to enable us to re-enter the financial markets, which means making the necessary adjustments to bring our spending and revenue onto a sustainable path. I emphasised the necessity of implementing structural changes to restore competitiveness and make Ireland an even more successful location for investment, enterprise and jobs.

I made it clear that the decisions we will have to take will be neither easy nor popular. However, I reassured those present that they will be fair and balanced and will support our strategy of getting the country back to work. I commended the public service unions and their members on the scale of the adjustments which have already taken place under the Croke Park agreement, while also seeking an acceleration of the process with the co-operation and good will of the trade unions concerned.

I also referred in my speech to the ongoing discussion about the regulation of pay and conditions in certain sectors. The Government is committed to the protection of vulnerable workers and the reversal of the cut in the national minimum wage is a clear demonstration of that commitment.

When it comes to the wage setting machinery of joint labour committees, employment regulation orders and registered employment agreements, the fact is that everyone has long accepted the need for change. This has been the common view of employers and congress for some time. The High Court judgement delivered on 7 July underlines the need to press ahead with a balanced legislative reform agenda in this area.

I confirmed my intention to follow up my recent meeting with ICTU with further meetings to review the broad areas of mutual interest and concern as part of a wider process of ongoing social dialogue. I propose to engage with the other social partners in a similar spirit.

Gerry Adams (Louth, Sinn Fein)
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Táim buíoch don Taoiseach as freagra soiléir a thabhairt dom. Tá sé soiléir fosta go mbeidh daoine bochta, daoine atá ceangailte leis na JLCs, i dtrioblóid mhór roimh sos an samhraidh. An bhfuil aon phlean ag an Rialtas chun reachtaíocht a ghlacadh go gasta chun seo a chur ina gceart?

The Taoiseach referred to difficulties facing lower paid workers, particularly in light of the recent High Court finding on joint labour committees. Lower paid workers have been left particularly vulnerable and it is Sinn Féin's view that immediate action is needed by the Government to rectify this matter before the summer recess to protect such workers in the short term. In the longer term, we argue for proper and adequate legislation to sustain the joint labour committees and address the issues raised by the High Court judgment. What action does the Taoiseach have in mind to resolve this urgent issue?

Enda Kenny (Mayo, Fine Gael)
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The Government made the decision to reverse the cut in the minimum wage and that has taken effect. The situation arising from the court decision of last week was considered by the Government this morning. The Minister for Jobs, Enterprise and Innovation will now proceed with all haste to bring about a restructured response to the outcome of the court case. The vulnerability of some workers is of concern. From that perspective, the Minister will move as quickly as possible.

There are now limited protections for workers, because of contracts entered into. This is a matter the Government feels should be responded to as quickly as possible. It will not, however, be possible for the Minister for Jobs, Enterprise and Innovation to have the matter rectified before the summer recess.

Gerry Adams (Louth, Sinn Fein)
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Is this not another scandal? In the Taoiseach's own words, "There are now limited protections for workers". These are people who are already at the lowest end of the chain. The Government is saying there are limited protections and the Minister will not be able to introduce emergency legislation to provide what should be, in any republic or indeed in any society, minimum guarantees for them and their families. Would the Taoiseach not reconsider his response and give a clear commitment that emergency legislation will be brought in? Sinn Féin would facilitate this and would work, before the summer recess, to ensure these people are not left over the summer break open to being exploited. Not all employers are exploiters but some are exploiting these poorly paid workers.

Enda Kenny (Mayo, Fine Gael)
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The Deputy is aware that the court decision deemed the structure in place to be unconstitutional. That applied from the moment of the announcement in the court. There have been references to this matter in court cases over a number of years but nothing was done about it. It would not be possible for the Minister to rectify an issue that has been struck down constitutionally with legislation as complex and as robust as would be required between now and the start of the summer recess. The Minister is aware of the necessity to conclude this matter comprehensively and he will do that when he brings his report to Government as quickly as possible.

I note the comments from employers that no serious action should be taken arising from the decision of the court. This time of year is a very busy period for workers involved in these sectors, although that is not an excuse for saying nothing may happen. However, elements of legislation that have been there for quite some time have been struck down as unconstitutional. There were indications, many years ago, that something should be done about those elements but nothing was done.

Gerry Adams (Louth, Sinn Fein)
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I do not accept that this is not possible. Everything is possible. Given the will of the Government and of the Opposition to protect these workers, if we decide to do it we can do it. What happened to "Is féidir linn"? Where are all the big speeches? This is a test of a Government. It is not simply the full flow of rhetoric. It is a test of a Government that as we approach the summer break we are telling these people and their families we cannot do anything. I do not accept that.

Enda Kenny (Mayo, Fine Gael)
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There are not sufficient grounds for appeal in this case. The court determined that the legislation in place was unconstitutional. Is féidir linn rud a dhéanamh, ach taobh istigh de am faoi leith. Ní féidir linn é a dhéanamh amárach nó an tseachtain seo chugainn.

Gerry Adams (Louth, Sinn Fein)
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Is féidir leis an Rialtas.

Enda Kenny (Mayo, Fine Gael)
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To draft a response to something that has been deemed unconstitutional by the court takes more than rhetoric. It takes a great deal of analysis about the complexity of the legislation. The judgment is 42 pages long, covering a broad range of issues and the response has to be comprehensive and all encompassing. That is a matter on which the Minister will focus his priority over the coming period. We would like to think he could have that done by next week but that would not be possible. Ní féidir linn é sin a dhéanamh taobh istigh de sheachtain amháin.

Micheál Martin (Cork South Central, Fianna Fail)
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I am sure the Taoiseach will agree this is an important issue in terms of the protection of hundreds of thousands of low paid workers. In his discussions with the trade union movement, it is clear the movement, in the first instance, sought that this decision would be appealed. Has the Government received advices from the Attorney General in this regard? Why has an appeal not been lodged to the High Court decision or an application for a stay on the execution of the judgment pending the outcome of such an appeal? If the Government has considered such advices, will the Taoiseach outline the reasons, it will not appeal the decision? We all know of the divisions within the Government on this. For the past two months, Ministers have publicly articulated in the media different perspectives on the JLCs and how they should operate and their positions on them. The suspicion lurks that the ball is in the court of the Minister for Jobs, Enterprise and Innovation and that he has his opponents within the Cabinet where he wants them. Why has the Government not taken the decision to appeal the High Court judgment?

Enda Kenny (Mayo, Fine Gael)
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There are no opponents in the Cabinet. This is a Government focused on rectifying many of the problems that Deputy Martin left behind him. We examined all the possible legal avenues to try to find a way to do this. The Attorney General has advised the Government that there are insufficient grounds for an appeal and, as a consequence, the Government is focused on the priority of dealing with the outcome of a complex court decision in respect of the unconstitutionality of the legislation. The Minister will proceed with all haste to provide a comprehensive response to the complex, wide-ranging decision announced by the court.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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With regard to the timing of the Bill relating to the JLCs-REOs, why can legislation dictated by the EU-IMF be rushed through but not legislation to protect low paid workers? Can the Taoiseach assure us, whatever about the timing of the legislation, that it is the Government's intention to ensure low paid workers covered by JLCs-REOs will not be financially worse off than they are now? That is the assurance the unions and low paid workers in the retail, catering and hotel sectors, hairdressers and so on, who are the working poor, want. They want an assurance that they will not be made poorer as a result of the legislation brought forward to deal with the issue. That is what the people and the unions representing low paid workers want to know.

Enda Kenny (Mayo, Fine Gael)
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The decision of the court was unequivocal in respect of the flaws in the legislation. The Government will respond to that and this will be a reform of the structure that was deemed to be unconstitutional and the elements thereof. That reform will seek to protect workers while, at the same time, allowing for greater flexibility than applied heretofore.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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That is not an answer. It was a straight question.