Terence Flanagan (Dublin North East, Independent)
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345. To ask the Minister for Jobs, Enterprise and Innovation if legislation will be introduced in relation to gift cards (details supplied); and if he will make a statement on the matter. [20408/15]

Richard Bruton (Dublin North Central, Fine Gael)
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Yesterday I launched for public consultation my Department’s Scheme of a proposed Consumer Rights Bill. Among other provisions, the Scheme provides that contracts for the supply of a gift card or voucher must not include a term that makes the card or voucher subject to an expiry date. While this and other provisions of the Scheme are only proposals at this stage, I am conscious of the consumer detriment that can result from the application of expiry dates to gift cards. I will, however, consider carefully all responses to the consultation, including proposals for additional protections for consumers in respect of gift cards and vouchers, before finalising legislative proposals for submission to Government.

The current terms and conditions of the particular gift card product referred to in the Deputy’s question suggest that this card no longer includes an expiry date but remains valid as long as there is a balance on the card. A monthly inactive balance charge applies, however, from twelve months after the issue of the card. The Scheme of the proposed Bill provides that this charge should be assessable for fairness under the provisions on unfair terms in consumer contracts and must be disclosed to the consumer before he or she is bound by the gift voucher contract.

Gift card products of the kind referred to in the Deputy’s question come within the scope of the European Communities (Electronic Money) Regulations 2011 (S.I. No. 183/2011) enacted by the Minister for Finance and enforced by the Central Bank. These Regulations deal with the taking up, pursuit, and prudential supervision of electronic money institutions and the issuance and redeemability of electronic money. Questions relating to the funds of gift card schemes within the scope of the Regulations are a matter accordingly for the Minister for Finance.

Brendan Griffin (Kerry South, Fine Gael)
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346. To ask the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding the Industrial Relations (Amendment) Bill currently being drafted; and if he will make a statement on the matter. [20506/15]

Richard Bruton (Dublin North Central, Fine Gael)
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The Industrial Relations (Amendment) Bill 2015 was published on 14 May 2015. Provisions in relation to collective bargaining are contained in Part 3 of the Bill. When enacted, the legislation will put in place the legislative amendments to the Industrial Relations Acts 2001 and 2004 required to give effect to the Programme for Government commitment to reform the current law on employees' right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001, so as to ensure compliance by the State with recent judgments of the European Court of Human Rights (ECHR).

It will provide a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.

It will ensure that such workers, aided by a trade union, can advance claims about remuneration and conditions of employment and have these determined by the Labour Court based on comparisons with similar companies. It provides definitions of key terms as well as guidelines to help the Labour Court identify if internal bargaining bodies are genuinely independent of their employer, and policies and principles for the Labour Court to follow when assessing the comparability of the remuneration and conditions in dispute.

The Government is conscious that workers in some employments may feel exposed in seeking to improve terms and conditions and that making themselves known may have unwanted consequences. With this in mind the legislation will bring in significant protection against such victimisation. This will be done by way of interim relief in the Circuit Court in circumstances where a dismissal is challenged by a worker who believes that he or she was victimised as a result of their participation in the processes of the Act being invoked.

Provisions are included to ensure the Act is used appropriately and not abused in any way. There are provisions to ensure cases dealt with are ones where the numbers of workers are not insignificant; provisions to ensure elements of remuneration and conditions of employment are not challenged without regard for the totality of remuneration and conditions of employment; provisions to manage the frequency of reassessment of the same issues.

In reaching this position, worker and employer stakeholders have played a critical role in assisting Government developing this clear and workable framework and I wish to acknowledge the significant contributions of the representatives of both sides of industry in this regard.

This new legislative framework will fit Ireland’s constitutional, social and economic traditions and its international obligations, and, very importantly, will ensure continued success in creating jobs and attracting investment into the economy.