Damien English (Meath West, Fine Gael) | Oireachtas source

From the outset I would like to inform the House that I am restricted on what I can say on this particular matter at this moment. This is because on 24 August I received notification that the High Court had granted a stay and an injunction expressly prohibiting me from signing the statutory instrument on 29 August, as announced. This injunction has not been lifted.

Proposals for an ERO are formulated in the first instance by a joint labour committee, JLC, where it is satisfied that such proposals would promote harmonious relations between workers and employers. The Labour Court then considers whether or not to adopt the proposals of a JLC. In doing so it also invites submissions from the public. If the court, having complied with its statutory functions, is satisfied that the proposals are in a suitable form for adoption, the Labour Court will adopt the proposals and submit them to me as Minister of State with responsibility for this area. My role then is to consider the recommendations against the statutory process. If I am satisfied that the process has been complied with and if I am satisfied that it is appropriate to make an order, I will give effect to an ERO.

In July 2022 I received proposals for an ERO for the security sector from the Labour Court. Having considered and accepted these proposals, my officials began drafting the order to give effect to the proposed minimum pay rate increases for the security sector, an extremely important sector as has been mentioned. This order was to come into effect on 29 August 2022 and was to replace the ERO that was signed in 2017 for the security sector. On 24 August 2022 my Department received notification that the High Court had granted an injunction prohibiting me from commencing the proposed statutory instrument giving effect to a new ERO. The court has issued that the notice of motion in respect of the application is returnable for 15 November 2022. My officials and I are in the process of seeking legal advice on the matter and I will update this House at the first opportunity.