Gerald Nash (Louth, Labour)
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36. To ask the Minister for Enterprise, Trade and Employment for an update on his work and that of the Labour Employer Economic Forum on the transposition of the Adequate Minimum Wages Directive; and if he will make a statement on the matter. [30098/24]

Emer Higgins (Dublin Mid West, Fine Gael)
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To ensure minimum wages are set at adequate levels, the EU Directive on Adequate Minimum Wages requires countries with statutory minimum wages to put in place clear and stable criteria for minimum wage setting, indicative reference values to guide the assessment of adequacy, and regular and timely updates of minimum wages.

My Department’s analysis of the Directive suggests that our current minimum wage setting framework, namely the Low Pay Commission, is largely already in compliance with the provisions of the Directive. Initial legal advice suggests that limited changes are required to ensure the transposition of the minimum wage elements of the Directive.

One of the other goals of the Directive, under Article 4, is to increase the number of workers who are covered by collective bargaining on wage setting. The Directive requires Member States with a collective bargaining coverage below 80%, such as Ireland, to provide “for a framework of enabling conditions for collective bargaining” and to publish an action plan to promote collective bargaining by the end of 2025. We intend to publish the action plan ahead of that date.

A technical working group has been established with Department officials and the social partners to consider the content of Ireland’s action plan. The working group has had three constructive meetings to date, most recently on the 8^th July 2024.

My Department has also requested legal advice from the Office of the Attorney General as to whether any legislative change is required in order to transpose Article 4 of the Directive into Irish legislation by the transposition deadline of November this year.

Legislative changes may separately be considered as part Ireland's action plan; this has not yet been decided upon. The action plan is about ensuring the autonomy of social partners and does not compel any party to engage in negotiations or conclude agreements.

My Department, through the Permanent Representation to the EU in Brussels, is also engaging with other Member States to share best practice with regard to the development of the action plans.

Minister Burke met with the social partners at the LEEF plenary meeting held on 24^th June 2024 at which Ireland’s action plan was discussed and will chair a meeting of the LEEF Subgroup on Employment and Enterprise in September. I also intend to meet with the social partners in July to discuss the content of collective bargaining and the action plan in more detail.

Gerald Nash (Louth, Labour)
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37. To ask the Minister for Enterprise, Trade and Employment if he will correct the response given by his Department to a Parliamentary Question (details supplied) that under Irish legislation, an employee cannot be discriminated against or dismissed due to their being a member of a trade union; and if, by doing so, he agrees that this statement is incorrect as there is no legislative protection against discrimination or any other disciplinary measure short of dismissal which an employer can impose on a trade union member as trade union membership is not a protected ground under the Employment Equality Acts 1998-2015. [30097/24]

Emer Higgins (Dublin Mid West, Fine Gael)
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The Government continues to fully support the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation an employee is protected should they be dismissed because they are a member of a trade union. The underpinning principle and policy are that the legislative provision acts as a deterrent to employers against any such dismissals and illustrates the support the legislature holds for trade union membership more generally.

Deputy, you are correct that trade union membership is not a specific ground under the Employment Equality Acts and the Equal Status Acts (the Equality Acts).

But, while discrimination on the ground of trade union membership is not a protected ground under the Equality Acts, the Unfair Dismissal Acts provide for a number of grounds under which a dismissal may be considered unfair, including membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours. Where an employee has been unfairly dismissed, an adjudication officer and, on appeal, the Labour Court may make an order for the reinstatement, re-engagement or awarding of compensation to the employee.

Additionally, the Workplace Relations Commission’s Code of Practice on Victimisation refers specifically to victimisation arising from an employee’s membership or non-membership, activity or non-activity on behalf of a trade union, in specific circumstances, including situations where there are no negotiating arrangements and where collective bargaining has not taken place. A complaint under the Code may be made to the Workplace Relations Commission under the Industrial Relations (Miscellaneous Provisions) Act 2004, providing for up to 2 years remuneration in compensation.