Written answer
Legislative Measures
241. Deputy John Lahart asked the Minister for Enterprise, Tourism and Employment the reason for the decision to require a money message for the Industrial Relations (Provision in Respect of Pension Entitlements of Retired Workers) Bill 2021; and if he will make a statement on the matter. [38498/26]
Comment on this
Recently Government agreed that a money message not be issued in respect of the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021 and that Government oppose the Private Members’ Bill by way of a "reasoned response". This reasoned response has since been shared by my Department with the Joint Oireachtas Committee on Enterprise, Tourism and Employment and to the sponsors of the Bill.
The purpose of the Industrial Relations (Provisions in Respect of Pension Entitlements of Retired Workers) Bill 2021 would be to amend and extend certain rights and protections to retired persons and representative associations in the context of industrial relations and trade disputes. Specifically, it proposes amendments to the Trade Union Acts 1871 to 1990, the Industrial Relations Acts 1946 to 2019, and the Pensions Act 1990. The Bill seeks to enhance the representation of retired workers in the administration of certain pension schemes and to address related matters.
Public Consultations were held by my Department on the Bill between March and April 2022. In assessing the Bill, the then Joint Committee on Enterprise, Trade and Employment undertook pre-Committee Stage detailed scrutiny, including a public session, and noted that the Department conducted extensive public consultations on the proposals arising from this Bill. My Department's position was clearly articulated in a comprehensive briefing submitted to the Committee following its public scrutiny session held on 25 January 2023. In that regard, Government does not support the Private Members’ Bill in its current form. The proposed amendments are considered to fundamentally undermine the core principles of industrial relations, which are inherently based on the relationship between workers and their employers. While the policy concerns raised by retired workers are acknowledged and understood, a detailed assessment has indicated that the Bill would give rise to significant legal, structural, operational and financial implications which Government cannot support. In particular, the proposals would have far-reaching consequences for the core architecture of the State’s industrial relations framework. In addition, the current legal structure provides adequate protection for retired workers, particularly concerning the potential reduction of benefits within funded defined benefit schemes. The measures outlined in the Bill could, moreover, severely undermine the existing dispute resolution bodies which are provided to retired workers to vindicate their rights including the Financial Services and Pensions Ombudsman. For the foregoing reasons, a Money Message would be required and Government has decided not to issue one and to oppose the Bill.