Gerald Nash (Louth, Labour)
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287. To ask the Minister for Jobs, Enterprise and Innovation when he intends to advance the establishment orders to provide for the restored joint labour committee system; and if he will make a statement on the matter. [42274/13]

Richard Bruton (Dublin North Central, Fine Gael)
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It is important to note that the 2011 High Court ruling in the John Grace Fried Chicken case did not strike down the JLCs but rather the legislative provisions surrounding the formulation and making of Employment Regulation Orders. The Committees themselves have continued to exist and remain in existence as currently constituted pending the making of the Establishment Orders required to give effect to the recommendations contained in the Labour Court Report.

The Report owes its genesis to Section 41A of Industrial Relations Act 1946 (inserted by Section 11 of the Industrial Relations (Amendment) Act 2012) which provides that reviews of each JLC be carried out by the Labour Court, as soon as practicable after the commencement of the Act, and at least once every 5 years thereafter.

The Labour Court appointed Ms Janet Hughes to assist with the review of the 10 existing JLCs.

The review assisted the Labour Court's deliberations as to whether any JLC should be abolished, maintained in its current form, amalgamated with another JLC or its establishment order amended and the Labour Court is required to make recommendations to me to this effect.

The Labour Court submitted its report of the review and recommendations in relation to the 10 existing JLCs to me last April. The report is detailed, comprehensive and complex and required careful examination and consideration.

In publishing the Report and outlining the legal steps necessary for implementation of the Labour Court's recommendations, I have been particularly mindful of issues arising as a result of the recent Supreme Court ruling in relation to Registered Employment Agreements (the McGowan case).

With the exception of the Agriculture JLC, implementation of the recommendations regarding the scope of the other nine JLCs will be given effect by way of Ministerial Order. As the Agricultural Workers JLC was established under primary legislation (the Industrial Relations Act 1976), an amendment to the Establishment Order requires amending primary legislation. I anticipate that the Establishment Orders necessary to give effect to the recommendations regarding the other nine JLCs will be made over the coming weeks.

At the conclusion of this process there will be eight JLCs remaining - and this will drop to seven when the legislation required to implement the recommendation relating to the Catering JLCs is enacted - leaving slightly over half the number that operated at the beginning of the reform process which I pursued on coming to Office. This latest development sits squarely within the context of the change required to improve Ireland's competitiveness by enhancing wage flexibility while also ensuring protection for vulnerable workers.