Dáil debates

Tuesday, 21 July 2020

Ceisteanna - Questions

Social Dialogue

3:55 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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1. To ask the Taoiseach his plans to establish a unit in his Department to co-ordinate social dialogue. [15951/20]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Government recognises the importance of regular and open engagement with all sectors of society.

This is particularly important as we steer our way out of the pandemic, rebuild our economy and support communities that have been severely impacted by Covid-19.

As outlined in the programme for Government, we will establish a unit within my Department to help co-ordinate future social dialogue.

This unit will seek to create new models of sectoral engagement with a wide range of stakeholders across civil society. It will be part of the economic division of my Department, which is already involved in dialogue with the social partners through existing mechanisms such as the Labour Employer Economic Forum and the annual national economic dialogue.

The Labour Employer Economic Forum in particular has helped ensure good discussions between Government, employers and trade unions during the Covid-19 crisis and I believe that further social dialogue will help in the many challenges which lie ahead.

Throughout all of our engagements, however, the Government will continue to ensure that the role of the Oireachtas is fully respected and recognised as part of the policy formation process.

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I would like to get more detail from the Taoiseach in respect of the way this unit will be configured. What are its precise objectives? Could he expand on this model of sectoral engagement? What will it consist of and what will be its modalities? It would be very helpful to get a sense of how this unit will engage with the Tánaiste in terms of his ministerial responsibilities. For example, what role will the unit play in responding to the recent High Court decision to strike down sectoral employment orders, SEOs? Last week, the Tánaiste confirmed that the Government will appeal that judgment and its strategy to lodge the appeal with the Court of Appeal and the Supreme Court at the same time. That is welcome in as far as it goes. However, when he was questioned further on that matter in the Dáil, the Tánaiste did not adequately address the Government's reluctance to introduce legislation that would protect those very workers now excluded from the protections of these SEOs. It is my hope that the Taoiseach might be able to shed some light on that.

The Irish Congress of Trade Unions advises that primary legislation can be enacted to address the deficiencies identified by the High Court. Does the Taoiseach share that view? Importantly, congress notes that there is nothing in the judgment that would preclude the Oireachtas from enacting legislation in the same terms as the sectoral employment orders previously enforced. Does the Taoiseach share that view? As the Government has acknowledged, new entrants will not be covered by the SEOs and instead will only be entitled to the minimum wage along with minimum terms and conditions. Arising from this pandemic, these new entrants will be significant in number because many will have lost their jobs as a result of the lockdown. I ask for clarity regarding Government contracts. The Government's position appears to be that the SEO terms and conditions should still apply, and not will still apply, in respect of Government contracts. It would be very helpful if the Taoiseach could at least give that small amount of comfort to the particular category of workers affected by the judgment.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I am anxious to develop and expand the engagement with the social partners more generally.

As I said earlier, that is particularly important in the context of economic recovery from Covid-19. The labour-employer economic forum, LEEF, mechanism has been useful. The Tánaiste and the Minister for Finance have been involved in that, as was the Minister for Business, Enterprise and Innovation in the previous Government. That will continue. As we emerge from Covid-19 in the fullness of time, we need to work with various sectors of the economy, listen to what they have to say and respond with the strategies required to get them back up and running. The model used to get back to work in the context of Covid-19 has been constructive. ICTU and IBEC have worked well under the aegis of LEEF to facilitate a safe return to work for workers. In terms of economic development more generally, I am a great believer in strong engagement with the social partners to collectively develop a roadmap for the social and economic dimensions of Irish society. We must work collectively on several issues of benefit to workers.

Regarding sectoral employment orders, SEOs, I would have thought that before we move to primary legislation that it would be important the outcome of the appeal to the Supreme Court be known because that could inform the content and nature of the legislation. It will give clarity to the overall legal framework governing sectoral employment orders. The important issue is the protection of the pay and rights of construction, cleaning and security workers who have been particularly affected by the recent High Court judgment. That remains the priority of the Government in the interim period before the hearing of the appeal in the Supreme Court.

4:05 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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I thank the Taoiseach. I am sure he can understand the anxiety of workers who now no longer enjoy the protection of SEOs and their desire for absolute clarity on the protections afforded to them. Can the Taoiseach state in a very straightforward way for the record of the Dáil what the interim protections for those workers are?

More generally, on the area of social dialogue itself, is the Taoiseach committed to ensuring that workers' rights, collective rights and trade union rights are stitched into the very fabric of the model for economic recovery? Furthermore, is he committed to ensuring community development and a sustained model of empowerment for communities, particularly disadvantaged communities in urban and rural settings, are stitched into the fabric of the model for economic recovery? Can the Taoiseach give some assurance that social dialogue will not just be cover for co-opting workers and those who are least advantaged in society onto an agenda that is simply about bigger economic and corporate players? Given the complexion of the Government headed by the Taoiseach, I respectfully suggest that there will be a certain cynicism around his commitment to these elements, which I regard as essential to a successful and sustained recovery.

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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Throughout my political life I have had a long-standing belief in the value and importance of engagement with stakeholders in our society, particularly social partners. I have a long record of such engagement in the various Ministries I have held. I also believe in getting the right balance in doing that. This is not about co-opting anybody into any corporate programme. It is about how we navigate change in our society and the prioritisation of housing and healthcare. Ultimately we must all prioritise. In my view, making sure people have access to housing is a key social priority on which I would like to engage with the social partners. Proper access to healthcare is another. We will not be in a position to do everything. While there have been many faults in the process, my previous experience is that there is value in sharing the issues facing us all. Everybody knows we cannot do everything but we can prioritise that which makes life meaningful to people in society. Access to housing is one of the most basic entitlements. People need to be able to buy a home, access a council house or rent at an affordable rate. That is important.

Health is equally important. We have expanded our health service over a 30-year period. Our population is growing. We are living longer and are aging, which will create huge demographic strains in sustaining the system for our society in the future. We need to discuss those issues with our social partners.

In respect of sectoral employment orders, I understand that no unilateral diminution of terms and conditions can happen. We are committed one way or the other. The Supreme Court may deal with this so we must await the outcome of the appeal. Whatever decision is handed down will inform the primary legislation that will follow it.