BRUTON PLEDGE TO PROTECT LOW-PAID WORKERS TO BE WELCOMED - KENNY

Posted on July 8, 2011 2:18 PM   |   Permanent Link   

Joint Oireachtas Committee on Justice & Defence member and Dublin North East Labour TD, Seán Kenny today commented on the High Court decision that has found the Joint Labour Committee system to be unconstitutional.

Deputy Kenny said: "I welcome the commitment made by Minister for Enterprise Jobs and Innovation in the wake of yesterday's High Court decision on JLCs, to protect low-paid workers.

"Minister Bruton's promise to provide protection on an interim basis to these workers is very positive and I welcome the fact that he has said that the JLC system will be retained and reformed.

"Yesterday's High Court decision deemed the relevant provisions of the 1946 and 1990 Industrial Relations Acts unconstitutional because they allowed for an excessive amount of power to be given to the Labour Court to make laws about pay and conditions of workers. Article 15 of the Constitution deems the Oireachtas to be the sole law making body in the land.

"I believe that legislation may well be the way to proceed in order to address this important issue, and to give low paid workers the protection that they need. The Programme for Government has a commitment to maintain the JLC system and the events of yesterday make movement on this a priority.

"The root of the issue here appears to be that the supervisory and order-making functions that had been exercised by the Minister for Industry and Commerce in the years after the foundation of the State are now performed by the Labour Court, which is independent of the Oireachtas. Under the provisions of the 1946 Industrial Relations Act, when a JLC agrees terms and conditions, it makes proposals to the Labour Court on foot of which the Labour Court can make an employment regulation order, which is known as an ERO.

"Given the decision reached by the High Court, it seems that legislation is required that that will put this function back into the hands of the Minister, who will make the order that gives effect to an ERO. The purpose of this would be to tie the Oireachtas to the JLC and ERO systems, thereby ensuring that Article 15 of the Constitution is satisfied.

"The problem with the 1946 and 1990 Industrial Relations Acts is one that can be rectified and indeed, Labour supported amending legislation in 2009 that contained just such a rectification. It is a shame that the previous Fianna Fáil / Green government failed to see through this legislation into law, which is unsurprising, given the incompetence of that administration.

"It may well be the case that legislation would be the best way of addressing this important issue, by giving low paid workers the protection that they need."