Dara Calleary (Mayo, Fianna Fail)

I thank Senator Phelan for his amendments. Regarding amendment No. 4, which provides that all JLCs and employment regulation orders produced by them should apply nationally, the Towards 2016 social partnership agreement provided for a commitment to modernise the joint labour committee system. To this end, the Labour Court was asked by my Department in late 2006 to draw up measures to give effect to that commitment. To assist the court in its task, a working group was set up comprising representatives of the court's administration, the Irish Congress of Trade Unions and the Irish Business and Employers Confederation. The court also involved the National Employment Rights Authority in its deliberations.

The working group concluded its work last year and prepared a report on the progress made on the various issues. Among the issues addressed in this exercise were the amalgamation or abolition of some JLCs. Implementation of the report's recommendations in this regard was progressed by my predecessor, the Minister of State, Deputy Billy Kelleher, during 2008. This exercise resulted in the abolition of one JLC and the amalgamation of a number of others in the contract cleaning, hairdressing and clothing sectors. In addition, following their agreement to harmonise their terms and conditions, especially with regard to the Sunday premium in employment regulation orders, the two JLCs in the catering sector have agreed to amalgamate. This has resulted in the number of JLCs being reduced from 19 at the end of 2006 to 13 at present.

It is important to stress that applications for the establishment of a joint labour committee are made to the Labour Court by representative employers or employees. It is a matter for them to determine the geographical and precise sectoral scope of any individual committee.

As I stated, the Government is encouraging businesses in sensitive sectors to ensure employer and trade union representatives on JLCs are responsive to the very severe challenges for the continued viability of services and, in particular, the sustainability of employment. In this context, in addition to the catering JLCs, the hotels, agriculture and retail JLCs have recently reached agreement on labour cost-cutting measures in their respective sectors. These recent initiatives demonstrate the responses of both employers and trade unions to the challenges faced. It also shows a willingness to find practical solutions to the economic problems faced on the basis of agreement among those directly involved and should be encouraged rather than enforced. Accordingly, I cannot accept amendment No. 4.

Concerning amendment No. 5, the review of the operation of joint labour committees was undertaken by researchers from the University of Limerick on behalf of the Labour Relations Commission. These researchers adopted a consensus approach to their brief. Regarding the role of the chairman, the report commission concluded that abolishing the casting vote would undermine the entire JLC system. The likelihood of deadlock would mean that issues would have to be resolved elsewhere, such as the Labour Court, and would unnecessarily lengthen the process of setting employment regulation orders, EROs.

I acknowledge the crucial role the chairman of a JLC plays in the process. In this context, it has been the policy for some time that as positions of chairman of JLCs arise, they are being filled by industrial relations officers of the Labour Relations Commission whose independence in the area of collective bargaining is not in doubt. Accordingly, apart from putting forward the provision dealing with the term of office of the chairman, at this stage I do not propose to introduce further changes to the role of chairperson.