Written answers

Tuesday, 26 March 2013

Department of Jobs, Enterprise and Innovation

Joint Labour Committees Review

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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To ask the Minister for Jobs, Enterprise and Innovation the time scale of the review of the JLCs as provided for under section 11 of the Industrial Relations (Amendment) Act 2012. [14857/13]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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To ask the Minister for Jobs, Enterprise and Innovation if he will provide detail of any guidance, advice or submission by him, his Department or other State agency to the Labour Court in conducting the review of JLC's. [14858/13]

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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To ask the Minister for Jobs, Enterprise and Innovation the guidance given to the Labour Court in the event that consensus or agreement cannot be reached by parties to JLC's as part of the on-going review by the Labour Court of JLC's; and if he will make a statement on the matter. [14859/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 297 to 299, inclusive, together.

The new Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) provides that reviews of each Joint Labour Committee (JLC) will be carried by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter.

In this context, the Labour Court appointed Ms Janet Hughes to undertake the review of the 10 existing JLCs on its behalf. Notices were placed by the Labour Court in the national newspapers seeking submissions from interested parties on the issue.

The deadline for submissions was 1st March 2013. The Labour Court is obliged under the Industrial Relations (Amendment) Act 2012 to conclude its review by 12 April 2013. The new Section 41A of Industrial Relations Act 1946 sets down the specific criteria to which the Labour Court is required to have regard when carrying out the independent review. The outcome of the review will inform the Labour Court as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or its establishment order amended. The Labour Court will then make recommendations to me and if I am satisfied that the correct procedures have been followed, and I consider it appropriate to do so, I will make an order in the terms of the recommendation. If I decide not to make such an order, I will advise the Labour Court in writing of the reasons why.

Ms Hughes sought specific clarification from my Department regarding previous statements made by me regarding the potential rationalisation of the number of JLCs arising from the recommendations in the 2011 Duffy Walsh report. Ms Hughes was advised that the Duffy Walsh Report was published almost two years ago. In line with section 11 of the Industrial Relations (Amendment) Act 2012, the Labour Court has since initiated a comprehensive review of each JLC. Ms Hughes was also advised that this review will supersede the recommendations of the Duffy Walsh Report in this regard and the Labour Court will make recommendations to me based on the review and on specific criteria set out in the 2012 Act that post-date the Duffy Walsh Report. Ms Hughes also sought, and was given, general views on possible legislative implications in the event that any changes were proposed regarding a JLC.

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