Dáil debates

Thursday, 23 January 2014

Ceisteanna - Questions - Priority Questions

Proposed Legislation

9:30 am

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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2. To ask the Minister for Jobs, Enterprise and Innovation the new timetable for the delayed workplace relations legislation. [3011/14]

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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The Government is committed to the reform of the State's existing workplace relations services. The system that developed during the past 80 years has become unwieldy and complex and is no longer fit for purpose. There was universal acceptance of the need for a root and branch reform of the existing structures. The Minister's objective is to deliver a world-class workplace relations service which is simple to use, independent, effective, impartial, cost effective and provides for workable means of redress and enforcement within a reasonable period. A new two-tier workplace relations structure, comprising two statutorily independent bodies to replace the current five, will be established. There will be a new single body of first instance - to be called the workplace relations commission - and a separate appeals body which will effectively be an expanded Labour Court.

A significant amount of work has been completed on the preparation of the legislation which will give statutory effect to the new structures and associated processes. The draft scheme of the workplace relations Bill has been approved by the Government for priority drafting. The Office of the Parliamentary Counsel has assigned resources to ensure the earliest possible publication of the Bill and drafting is under way. The Minister's intention is to publish the Bill as early as possible during the spring-summer Dáil session, with a view to the new structures being put in place during this year. The legislation will provide for the services of the Equality Tribunal, the National Employment Rights Authority, the Labour Relations Commission and the first instance functions of the Employment Appeals Tribunal to come together within the remit of the workplace relations commission. The appellate functions of the Employment Appeals Tribunal will be amalgamated into a reconfigured Labour Court.

Significant progress has also been achieved to date, in advance of the enabling legislation, in so far as the technological, structural, administrative and staffing changes required are concerned to underpin the workplace relations reform programme, including the following measures which have already been put in place: the transfer of the Equality Tribunal to the Department, to be part of the workplace relations commission; a single contact portal; an e-complaint facility; a staffing and structures plan; a new workplace relations website; an early resolution service; adjudicator training and recruitment plans; and enhanced technologies and processes, including the publication of a request for tender for a customer relationship management solution.

9:40 am

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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With respect to the Minister of State, I have heard that reply before. This legislation is a long time coming. In March 2012 a consultation document was issued by the Department and a commitment given that the Bill would be published in the third quarter of that year. We are still waiting. The Minister of State has indicated that the drafting of the Bill has been given priority and that it will be brought forward before the summer recess. I hope that is the case. The proposed Bill has been included in every legislative programme since the end of 2012 and it is critical that it be progressed without further delay. Economic recovery cannot be premised on the erosion of workers' rights. We have seen many cases in recent years, during the Government's term of office, where workers have had to fight for their entitlements. We see it again this week in the case of Ivan's in Limerick where workers have found themselves obliged to engage in a sit-in in order to secure their rights. I hope the Minister of State will adhere to the timetable he has indicated to have the Bill published before the summer recess. We must provide a legislative basis to ensure workers receive their full entitlements.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I accept the Deputy's point. Reforming a complex system takes time, but we are committed to that reform and the associated legislative process. From a public service delivery point of view, we must consider the situation as it stands. Prior to 2012, there were more than 100 possible first instance complaints involving 30 complaint forms which could be lodged with five separate bodies. The process of bringing everything together under a workplace relations commission is complex. Practitioners in this area have acknowledged that complexity. We must ensure the legislative approach we adopt is robust and will stand up to scrutiny. It is a case of kicking the tyres, so to speak, before we proceed. The workplace relations Bill will give statutory effect to the reforms we are bringing forward, but the enactment of the Bill will necessitate amendments to 22 primary Acts, 12 specified Parts or sections of Acts and 71 statutory instruments. We are committed to implementing these reforms.

Photo of Jonathan O'BrienJonathan O'Brien (Cork North Central, Sinn Fein)
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I do not underestimate the complexity of devising this type of legislation. The point I am making is that we have been assured in every session since the third quarter of 2012 that the Bill would be published in that session. Every time that does not happen it damages the Minister of State's credibility in this matter. If this legislation really is a priority for the Government, it should get on with drafting and publishing the proposals that are necessary to protect workers.

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I assure the Deputy that drafting is under way.