Paul Bradford (Independent) | Oireachtas source

I have two queries for the Minister of State on the section. The first relates to section 16(2).It states that when making a recommendation, the court shall have regard to certain matters, the most important of which is the potential impact on employment levels. How will that adjudication be framed? Perhaps a broader debate is taking place on the issues of low pay, pay rates and pay increases, but unless there is employment, the issue of pay does not come into it. What will be the determination on the potential impact on employment levels? Is there a prescribed yardstick or will a philosophical discussion take place within the court? Will guidelines be issued? Employers are adamant that employment levels will be impacted on. How will that adjudication be made?

My second question relates to section 16(4) which states the court will not make a recommendation unless it is satisfied on certain factors. One of the conditions is that the recommendation promote harmonious relations between workers and employers. It is difficult to understand at what point the adjudication will take place, given that if a matter is before the court for determination, it means that the relationship between workers and the employer may not be that harmonious. Will there be a set of guidelines, rules or provisions to be used in making an adjudication leading to harmonious relations between workers and the employer? I know what I am saying is rather vague, but in a sense, it goes to the kernel of the decision-making process. Who will decide whether a decision is good or bad in terms of employment and whether it is good for the creation or maintenance of harmonious relations? Unless we are clear on that matter, while the legislation appears strong and to be proactive, it may not do what the Minister of State wishes it to do because of these clauses which are necessary. We can have a debate about pay rates, but, above all, we must have employment and employment creation opportunities. Will the Minister of State outline his thoughts on these queries at this initial stage?