Brendan Griffin (Kerry, Fine Gael)
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226. To ask the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding law clerks; and if he will make a statement on the matter. [5710/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Industrial Relations (Amendment) Act 2012 was enacted on 1 August 2012. The main purpose of the Act is to reform the existing system for the making of both Employment Regulation Orders (ERO) and Registered Employment Agreements (REA) and to provide for their continued effective operation. It also reinstates a robust system of protection for workers in these sectors in the aftermath of the July 2011 High Court ruling in John Grace Fried Chicken constitutional challenge which found the system to be unconstitutional.

The 2012 Act included a specific provision providing that reviews of each Joint Labour Committee (JLC) will 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.

In this context, the Labour Court completed its first review in April 2013.

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 have its establishment order amended. With regard to the Law Clerks JLC, the review found, following consultation with relevant parties in the sector, no economic justification for the retention of the JLC and it was abolished by Ministerial Order on January 28 2014 - .

While the ERO system was found to be unconstitutional and there is no longer a JLC for Law Clerks it should be borne in mind that workers that were covered by EROs before the July 2011 ruling, continue to be protected by their individual contracts of employment (employees have a contract of employment or terms of employment whether notified in writing or not).

Any change in an employee’s terms or conditions of employment would normally be by agreement between the parties. Such agreement can be expressed or implied, tacit or by acquiescence (i.e. it can be formally agreed, informally or verbally agreed or accepted by the employee).

Furthermore, the amount of pay an employee receives is a matter for negotiation and agreement between the individual and the employer. This is subject only to the provisions of the National Minimum Wage Act, 2000. There is nothing to prevent employees reaching individual or collective agreements with employers on higher rates based on qualifications or other agreed criteria.

The questions raised in relation to the state contributory pension fall outside the remit of my Department and are proper to my colleague the Minister for Social Protection.