Gerald Nash (Louth, Labour) | Oireachtas source

It is an interesting point. Let me start with the Senator's reference to harmonious industrial relations, a principle with which those engaged in the sector will be familiar. The Minister of the day will need to be satisfied before signing an order that it will promote industrial peace and harmonious industrial relations. In the absence of the old REA system which was struck down by the Supreme Court in a judgement in 2013 we have seen difficulties in the construction sector. That sector may decide independently that it wishes to have a sectoral employment order under this legislation. Having harmonious industrial relations and industrial peace is important. We need them for the industry to flourish, jobs to be created and contracts to be completed. Let us be honest: the wisdom, experience and judgment of experienced members of the Labour Court and their staff will be important, as they always are in settling industrial disputes, but this is about the avoidance of industrial disputes and creating harmonious and peaceful industrial relations to allow jobs to be created and maintained and employers to win contracts.

The Senator's point about the maintenance of employment is important and central to consideration of sectoral employment orders. In discussing the previous amendment we spoke about fair and sustainable rates of payment and how they were central to the court's consideration in making an order or recommending that an order be signed by the Minister of the day. No less than the Low Pay Commission, the Labour Court should and will use evidence from both sides of industry when making its recommendations. It is also in a position to carry out its own research, which it does on a regular basis. Ultimately, it is the expert judgment of the court that must be applied in situations such as this, but the Minister of the day will have to be satisfied that a sectoral employment order will promote harmonious industrial relations and have an impact on employment levels. He or she will have to be conscious of the levels of unemployment in a particular sector because it would be completely pointless if he or she were to decide to make an order that had a negative impact on employment levels in an economic sector. It is about trying to promote job creation and ensuring businesses can win contracts and flourish and that we promote harmonious industrial relations in a sector.