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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Protecting sectoral employment orders

Summary

Deputy Boyd Barrett welcomed the appeal and warned against employers undermining sectoral employment orders before the court case is decided. The Tánaiste said existing workers' pay and conditions could not be unilaterally reduced and the orders would stand pending the Supreme Court appeal.

I am glad to hear that the Government will appeal the sectoral employment order. It seems to me that there are very strong grounds for that appeal which, as was stated, will affect thousands of construction workers and, potentially, hundreds of thousands of other workers in sectors where sectoral employment orders, SEOs, or sectoral agreements maintain some kind of minimum standard of pay and conditions. The Tánaiste stated that people should not try to breach those orders or agreements prior to the appeal. It is important that that sentiment be enforced because I have already heard reports from construction workers that some contractors are taking advantage of the striking down of the order and are essentially trying to undercut the minimum rates. It is important that the orders are enforced. Construction workers will be protesting outside the headquarters of the Construction Industry Federation at 12.30 tomorrow to highlight their significant concern on this matter. Much as I welcome the Tánaiste's comments, how will the orders be enforced? Will the Government, on a parallel track, consider plan B legislation that will deal with possible loopholes to ensure that, in the event of the appeal failing, we will immediately have something in place to ensure that pay and conditions and minimum rates can be set through orders and by actions of the Dáil?

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Leo Varadkar The Tánaiste Fine Gael

As I understand it, the pay and conditions of existing workers in these sectors cannot be diminished unilaterally by their employers. As such, the orders stand until such time as the Supreme Court hears the appeal and adjudicates on them. Obviously, labour rights are enforced in the normal way and should be enforced fully. As is often the case when the Government is appealing a decision of the High Court, work will be taking place in the background on a plan B, as the Deputy described it. However, that can never be done perfectly because we cannot predict the outcome of the Supreme Court case or know what loopholes may be identified. To answer the Deputy's question in short, of course work will be done on contingencies that might arise from a judgment of the Supreme Court, but none of us know for sure what that judgment will be.

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