Brendan Ryan (Labour)

I move amendment No. 3:

In page 7, paragraph (b), line 38, after "(6)", to insert the following:

"and in lieu thereof by the insertion after subsection (4) of the following:

"(5) Where having regard to the particular economic circumstances affecting any particular category of workers, the Government is of opinion that it is expedient that the procedures under the Industrial Relations Acts 1946 to 2009 ought to be

available to members of that category, the Government may by order declare that members of that category shall be deemed to be included in the definition of "worker" in subsection (1) and may by order revoke or amend any such order.

(6) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either House, within the next twenty-one days on which that House has

sat after the order has been laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder" ".

The effect of the Bill and the amendments therein is to remove the power to make changes to the definition of "worker" by ministerial order and to ensure, in line with the decision in the Mulcreevy case, future changes to the definition of "worker" will be made in primary legislation. It is our view that the removal of the Minister's power to amend the definition of "worker" will create inflexibility. While we appreciate the existing provision may be constitutionally doubtful, we suggest the reworded provision in the amendment might pass the constitutional test. I note that the original section states the Government may, by order, amend the definition of "worker" in subsection (1) and may, by order, revoke or amend any other such order. We are attempting to reinstate the power of the Minister, rather than have it taken away. We want the matter to be dealt with on the basis of a wording which we consider would not meet with constitutional difficulty and where the Minister would have the power to deem a certain category of worker to be included in the definition of "worker". I ask the Minister of State to accept the amendment.