Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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19. To ask the Minister for Jobs, Enterprise and Innovation if the removal of a sectoral employment order setting out pay rates, pension and sick pay entitlements in the electrical industry will have consequences for the rest of the construction sector; and if he will make a statement on the matter. [13864/20]

Leo Varadkar (Dublin West, Fine Gael)
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The High Court has ruled that the Sectoral Employment Order (electrical contracting sector) Order (SI 251 of 2019), providing minimum rates of remuneration and other matters for workers in the electrical contracting sector was made ultra vires, that is, outside the powers of the parent legislation. Accordingly, the judge is proposing to set aside the impugned order.

Furthermore, the judge is proposing to make a Declaration that Chapter 3 of Part 2 of the Industrial Relations Act 2015 is unconstitutional with regards Article 15.2.1. The High Court found that the construction of the Chapter is too vague to provide appropriate guidance for the circumstances required before the Labour Court can lawfully reach a decision to make a Recommendation and its subsequent approval by the Minister and the Houses of Oireachtas. This means that the High Court is of the view that the Chapter in the 2015 Act, which governs the making of a SEO, unlawfully delegates law making powers to authorities outside the Oireachtas.

It should be noted however, that the operation of other employment rights frameworks protect existing wages and other terms and conditions of existing workers.

It is also important to note that the ruling does not have legal effect until an Order giving it effect has been made. The parties have 21 days, that is, up to 14 July, to make their replies to the Court. My officials, in consultation with the Office of the Attorney General, are giving the ruling careful consideration and the appropriate next steps.