Written answers
Wednesday, 21 June 2023
Department of Enterprise, Trade and Employment
Employment Rights
Bríd Smith (Dublin South Central, People Before Profit Alliance)
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81. To ask the Minister for Enterprise, Trade and Employment if he can detail the position in relation to the implementation of the security sector ERO, specifically, when the case will be heard in the High Court; the State's position on the current injunction against the ERO by some employers; and if he will make a statement on the matter. [30008/23]
Neale Richmond (Dublin Rathdown, Fine Gael)
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On 3 August 2022, the former Minister of State for Employment Affairs, Business and Retail announced an intention to issue an Order to give effect to a statutory recommendation of the Labour Court concerning minimum rates of remuneration and other terms and conditions in the Security Sector. The Order was to apply from 29 August 2022.
On 24 August 2022, my Department was informed that High Court had granted an injunction prohibiting the commencement of the proposed Statutory Instrument giving effect to the new Employment Regulation Order for the Security Industry.
At this moment in time the Order cannot be proceeded with. The matter is before the courts. The Department has not received any date for the hearing in the High Court.
Bríd Smith (Dublin South Central, People Before Profit Alliance)
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82. To ask the Minister for Enterprise, Trade and Employment if he can clarify whether his officials will attend the next hearing of the High Court into the injunction taken by employers against the security sector ERO; if he has discussed this issue with his officials or legal team; if he has sought the advice of the Attorney General; and if he will make a statement on the matter. [30124/23]
Neale Richmond (Dublin Rathdown, Fine Gael)
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The Attorney General has nominated Counsel, on the instructions of the Chief State Solicitor’s Office (‘CSSO’) to represent the Minister in these proceedings.
Officials of the Department continue to engage with the CSSO to ensure that Counsel is fully briefed on relevant policy matters. Legal Advice received by the Department is privileged.
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