Gerald Nash (Louth, Labour) | Oireachtas source

I am glad to have the opportunity to address that particular point. Section 30 inserts, inter alia, section 5(4) to 5(8) in the Principal Act to provide guidance to the Labour Court in the context of considering whether to make a recommendation on a dispute and the procedures to follow in assessing whether the totality of the remuneration and conditions of employment of the workers concerned provides a lesser benefit to the workers concerned having regard to the totality of remuneration and conditions of employment of comparable workers employed in similar employments. In this context, section 5(5) provides that the court may, not shall, have regard to those in similar employments of an associated employer outside the State. The purpose of amendment No. 13 is to delete that requirement.

The purpose of section 30 is to allow a company to make a case to the Labour Court. It is important to make the point that many companies operating in Ireland face competition not only from external competitor firms but also in many cases for contracts, site extensions and investment decisions from closely associated companies operating outside the State. The provision was considered relevant by all parties involved in the discussions that framed the legislation, including, to the best of my recollection, trade unions. This is one of a number of factors that the Labour Court would take into account. As such, it is considered appropriate to allow Irish-based firms to make a case to the Labour Court that it should have regard to the totality of remuneration and conditions of employment of comparable workers employed by an associated employer outside the State. When we say "outside the State", we often mean the North, which is just across the Border from my own constituency.

I remind Senators that in the context of trade disputes under the Industrial Relations Act 1990, the Labour Court has regard to such factors in the normal course of its consideration of disputes in relation to terms and conditions of employment where such factors are relevant. It is important to remind ourselves that this is just one of many factors that the court would have to take into account. Therefore, I cannot accept the amendment.