Written answers

Thursday, 25 November 2010

Department of Enterprise, Trade and Innovation

Legislative Programme

5:00 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 233: To ask the Minister for Enterprise, Trade and Innovation her plans to amend the 1990 Industrial Relations Act; her views on the term "worker" and the list of occupations not included in the relevant section of the legislation; and if he will make a statement on the matter. [44580/10]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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I assume the question relates specifically to amending the definition of "worker" under the Industrial Relations Act 1990. Access to the employment dispute settling bodies under the Industrial Relations Acts is governed by the definition of "worker" in Section 23 of the Industrial Relations Act 1990. Workers not included within this definition are normally covered by separate schemes of Conciliation and Arbitration.

Section 23(1)(e) of the 1990 Act excludes, inter alia, "an officer of a vocational education committee" from this definition of "worker". Arising from an agreement between management and union sides to abolish the existing Conciliation and Arbitration machinery for vocational educational committee officers and to bring them within the scope of the Industrial Relations Acts, it is now proposed to amend the definition of "worker" to include such officers, with the exception of teachers, within the definition of "worker" in the Act. An amendment to this effect is included in the Industrial Relations (Amendment) Bill 2009, which is currently awaiting Committee Stage in the Dáil.

The question of an amendment to the Industrial Relations Acts to provide for the inclusion of persons employed in the civil service in the definition of "worker" may arise in future in the context of ongoing discussions between civil service management and unions in relation to possible changes in arrangements under the Civil Service Conciliation and Arbitration Scheme. These discussions would be a matter in the first instance for the Minister for Finance.

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