Brendan Griffin (Kerry, Fine Gael)
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501. To ask the Minister for Jobs, Enterprise and Innovation her views on whether the increased hourly rate to €10.05 for cleaning staff will affect the viability of small cleaning companies; and if she will make a statement on the matter. [33603/16]

Pat Breen (Clare, Fine Gael)
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The Deputy will be aware that I signed the Employment Regulation (Amendment) Order (Contract Cleaning Joint Labour Committee) 2016 on October 27th last. (www.djei.ie/en/Legislation/SI-No-548-of-2016.html). The making of the Order follows a public consultation on draft proposals that were developed by the Contract Cleaning Joint Labour Committee for an amended Employment Regulation Order for the Sector. This process was undertaken in August of this year when notice of making of the proposals was advertised in national newspapers on 18th August. That notice invited observations on the proposals to be submitted by 16thSeptember. Copies of the draft proposals were available from the Joint Labour Committees Secretariat and were also uploaded on the Workplace Relations Commission website.

The Joint Labour Committee for the Sector, made up of representatives of the main unions and employers in the sector, considered submissions made and submitted their final proposals for pay and other terms to apply to workers in the Sector, to the Labour Court for consideration. Amongst other things, the JLC must have regard to the legitimate financial and commercial interests of the employers in the sector in question. In this instance the Labour Court adopted the proposals and sent them to me. Being satisfied that the provisions of the Industrial Relations (Amendment) Act 2012 were complied with, I signed the Order to effect the proposals.

If enterprises that are covered by Employment Regulation Orders are experiencing severe financial difficulties they may apply to the Labour Court for an exemption from their obligation to pay the rates provided for in the Orders for a specified period of time. The criteria relating to such exemptions is provided for in the Industrial Relations (Amendment) Act 2012. (www.djei.ie/en/Legislation/Legislation-Files/Act32of2012.pdf)