MINISTER FOR Enterprise Richard Bruton will not be introducing emergency legislation for temporary protection of workers in the wake of last week’s High Court ruling in relation to joint labour committees (JLCs).
Mr Justice Kevin Feeney ruled as unconstitutional the laws under which minimum pay and conditions are set by employment regulation orders (EROs) proposed by the JLCs. The Minister said he had engaged in urgent consultations with the Attorney General “to explore all legal options available which would provide protection to workers previously covered by EROs”.
“There are not sufficient grounds for an appeal [and] emergency legislation would be extremely complex, run a very real risk of further challenge and would in any event be of doubtful impact.
“Now the priority is to proceed with a radical overhaul of the JLC system to make it more responsive to the needs of a modern, 21st century economy.”
His intention was that legislation be introduced to the Dáil “very early in the next term, with prioritised enactment thereafter”.
In the Dáil Taoiseach Enda Kenny said the implications of the court decision were discussed by Cabinet yesterday morning.
“The vulnerability of some workers is of concern. From that perspective the Minister will move as quickly as possible.”
Sinn Féin enterprise spokesman Peadar Tóibín TD plans to introduce an emergency Bill this week “that will strengthen the system for making employment regulation orders and registered employment agreements”.
“These employees are the lowest paid in the workforce, they cannot afford to be left vulnerable while the Taoiseach takes his holidays,” said Mr Tóibín.
The Mandate union has expressed its “grave concern” at the Government announcement that legislation would not be introduced until the autumn. Its general secretary John Douglas said the decision to “long-finger” this legislation would leave “thousands of low-paid workers vulnerable to having their pay cut and their terms and conditions cut”.
“The reality is that thousands of the most vulnerable workers in shops, hotels, restaurants will be picked off over the summer period by unscrupulous employers.”
