Written answers

Wednesday, 2 December 2009

Department of Enterprise, Trade and Employment

Proposed Legislation

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 42: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when it is intended to publish the legislation to amend the Competition Acts to uphold rights of certain freelance workers such as actors and musicians to collective bargaining, which was promised as part of the review of Towards 2016; and if she will make a statement on the matter. [44615/09]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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In the Review of Towards 2016 the Government committed to introducing amending legislation to exclude voice-over actors, freelance journalists and session musicians from the provisions of Section 4 of the Competition Act 2002. This commitment takes into account, inter alia, that there would be negligible negative impacts on the economy or on the level of competition and, having regard to the specific attributes and nature of the work involved, it is subject to consistency with EU competition rules.

I intend to give effect to this commitment in the legislation being prepared in the context of a review of competition law generally, the proposed merger of the Competition Authority and the National Consumer Agency and the Report of the Media Merger Advisory Group. Work on the Heads of a Bill is at an advanced stage and I plan to bring proposals to Government early next year. I expect that the Bill will be published during the course of 2010.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 43: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when it is intended to publish legislation to address employee representation at work which was promised by June 2009 under the review of Toward 2016; and if she will make a statement on the matter. [44614/09]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 51: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when it is intended to publish anti-victimisation legislation designed to protect those workers who choose to join a trade union and which was promised by March 2009 under the review of Towards 2016; and if she will make a statement on the matter. [44613/09]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I propose to take Questions Nos. 43 and 51 together.

The Towards 2016 Review and Transitional Agreement 2008 – 2009 (paras 9.1 – 9.3) provides for the establishment of a review process which would consider the legal and other steps necessary to enable the employee representation mechanisms that had been established under previous agreements – and in legislation – to operate as they had been intended. The Agreement (para 9.4) also commits the Government to bringing forward legislative proposals to prohibit the victimisation of trade union members and to prohibit the incentivisation of persons not to be members of a trade union.

With a view to progressing work on both commitments, a Review Group – chaired by the Secretary General of the Department of the Taoiseach and on which my Department; the Department of Finance; trade unions; and employers are represented – has been put in place to examine these issues.

Two informal meetings of the Group have taken place and position papers have been submitted by the employer and trade union representatives on the issues requiring the Group's consideration. I understand that the Group's work will now focus on the issues raised in these position papers and that further engagement between the parties is anticipated over the coming weeks. The Group has not set a date for the completion of its activities.

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