Marie Sherlock (Labour) | Oireachtas source

I thank the Minister of State for coming to the House. We in the Labour Party are also pleased to be supporting this Bill. I thank the Minister of State for engaging with the members of the Joint Oireachtas Committee on Enterprise, Trade and Employment and providing us with a briefing on the Bill a number of weeks ago.

We have seen two very serious challenges to workers’ rights infrastructure in the State this year, the first of which was the prospective finding of unconstitutionality in the workings of the WRC in the Zalewski case. Thankfully, that was not the eventual finding but a prospective one. Second, there was the challenge to the sectoral wage bargaining provisions under the Industrial Relations (Amendment) Act 2015. Fortunately, in ruling on the constitutionality of both cases, the Supreme Court has found that although they are imperfect in their current form, sectoral wage bargaining is constitutional and the work of the WRC and the administration officers is constitutional, albeit that changes are required.

The backlog has been mentioned by Senator Crowe and others. We know that there has been an enormous backlog since 6 April due to the fact that where evidence is contested, cases need to be adjourned. There is a complete urgency to this Bill, which is why we are pleased to facilitate its urgent passage through the Houses.

This Bill is very important in ensuring a sound constitutional basis for adjudication officers to issue decisions. In that context, section 4 provides for proceedings to be held by default in public, the administration of an oath or affirmation and the revoking of the appointment of an adjudication officer on the grounds of misconduct and other grounds. We would hope that this latter provision might never have to be used but it is nonetheless important in ensuring public confidence in those who use the WRC, both employers and workers, workers' representatives and trade unions.

I raise a concern, which has been raised by others, as regards the implementation of section 4. I understand this is about that balancing of rights and protections, including the right for justice to be administered in public but also the need for the protection of individuals because, clearly, we do not want to deter workers from taking cases. I appreciate that this section gives discretion to an adjudication officer to determine the exceptional circumstances in which a hearing is not held in public. Nonetheless, I worry that this is not strong enough. I believe a mechanism needs to be in place whereby an appeal can be made to the director of the WRC for the case to be heard in private.

The other side of this is the need for balance from an awareness and educational perspective. Other Senators, including Senator Currie, have referred to employers and workers being deterred from bringing forward cases that are not without good grounds. Employers know that they could be potentially subjected to publicity if they act incorrectly. There is that balance.

As someone who worked for SIPTU for many years, like Senator Gavan, and as someone who testified as an expert witness for SIPTU in many Labour Court cases where I had to take an oath, I understand the need for the oath. It is an uncomfortable experience but it is important nonetheless. I understand that the Minister of State’s Department is working hard to get that affirmation and oath as seamless as possible.

Finally, I pay tribute to the work of the WRC and, indeed, of the Labour Court, which is also included within this Bill. These are State institutions of great importance and are located outside of the normal judicial system but are intended to ensure a more accessible, less legalistic and more encouraging environment for workers in need of adjudication in a workplace equality claim. The WRC, of course, does a great deal more than that in respect of conciliation and mediation, but we are dealing with a particular context today.

Senator Gavan is completely correct in that there is a resources and staffing issue here. He has set out very eloquently the very significant shortfall at the moment but there is also an issue here where we are about to see the very welcome broadening of workers’ rights, hopefully and belatedly, with the provision of a right to paid sick leave by the end of the year. I know that there has also been a vague promise on the right to disconnect. We can have all the laws in the world but we need to have proper enforcement procedures and inspections.

I also want to hear from the Minister of State on his plans and those of the Department and the Government to expand the inspectorate and the enforcement mechanisms within the WRC.