Seán Fleming (Laois, Fianna Fail)
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365. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to the fact that unregistered companies that are involved in the joint labour committee in the security guard sector have used information obtained at this committee to get a headstart on other competitors in the sector; her views on whether this is appropriate practice in view of the domination of this committee by a small number of multinational operators and the fact that the home-based SMEs in this area are less represented; and if she will make a statement on the matter. [17401/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Further to my answer to the questions you put down for answer on March 30th, Joint Labour Committees (JLCs) are provided for under the Industrial Relations Act 1946 and were reformed by the Industrial Relations (Amendment) Act, 2012. A JLC is comprised of equal numbers of representatives of employers and workers in a sector. JLCs meet regularly, under an independent Chairperson to discuss proposals for terms and conditions to apply to specified grades or categories of workers in the sector. If agreement is reached the JLC publishes details and invites submissions from interested parties.

If, after consideration of any submissions received, the Committee adopts the proposals it will submit them to the Labour Court for consideration. The Labour Court will then make a decision on the adoption of the proposals. If the Court decides to adopt the proposals, a copy is presented to me and if I consider it appropriate to do so I will make an Order giving effect to the proposals. Such Orders are known as Employment Regulation Orders.

The Joint Labour Committee for the Security Industry was established in accordance with Statutory Instrument No. 377 of 1998 (as amended by Statutory Instrument No. 30 of 2014).

I am informed that the draft proposals for a new employment regulation order for the Security Industry were in the public domain since 6th January last when they were advertised as part of the public consultation process. The closing date for submissions on those proposals was 7th February last.

I am further informed that the Chair of the Security Industry JLC has been in contact with the members of the Committee to advise them that the proposals of the Joint Labour Committee are draft proposals which have not been adopted by the Labour Court in accordance with Section 42B (13)(c) of the Industrial Relations Act 1946 as amended and neither have they been the subject of an Employment Regulation Order made by me in accordance with Section 42C(2) of that Act.