Joe O'Reilly urges action plan to expand collective bargaining

Thank you very much indeed, Lasker Herlock, and thank you for coming in to represent Minister Borg, Minister, and also thanks to the Herlock for selecting this important matter. Minister Hilly Ray said that the last matter was timely and indeed he is correct, and I hope this is similarly timely and appropriate to the current discussions. I know that the Government are in the process of preparing an action plan on collective bargaining. This arises from the European Directive on the Adequate Minimal Wage, and it is mandated under that, but the Minister has been very forthcoming, and I said he will publish it at the end of October, and that is to be welcomed. I believe that this action plan provides a pivotal opportunity to bring Ireland closer to European norms, I should say, and you will be aware, Minister, but it is important, but it is on the record of the House, that we are an outlier in this area that the rest of Europe have collective bargaining as a legal right, and we need that too, and to do so in a balanced and constructive way, and it is about that, it is not something threatening. Right now, fewer than one in three Irish workers are covered by a collective agreement, and that is one of the lowest in Europe. Under the EU Directive, as I said, Ireland is obliged to take active steps to expand collective bargaining, but this is not just about compliance. It is about fairness in the workplace, stability in industrial relations, that is important to employers too, it is important to resolve, and building a more resilient economy. So it is good for everyone, this is not something threatening or specific. We know from international evidence that collective bargaining helps deliver better pay quality, stronger productivity, and more stable workplaces. It also gives workers advice in the major changes ahead, from digitalisation to the transition to a low-carbon economy. And it is very good for compliant employers, for good employers, so that other employers can't engage in practices outside the law and outside proper practices. It puts them in an unduly competitive, puts the good employer in an adverse position in competitiveness, in terms of tendering, et cetera, et cetera. So it is important for proper employers that this exists. From a moderate trade union point of view, the action plan needs to do a few things. First, it must build on genuine social dialogue with unions, employers, and independent experts around the table, the normal bargaining process. Secondly, it must contain a real bargaining road map, not just aspirational language. Legislation to support collective bargaining in the European, in line with the European Union. So that is the first requirement, the first thing I would like to see in the action plan, and I would be asking the Minister, does he see that in the action plan, that is such legislation to put it on a statutory footing. Stronger protection for workplace representatives, this is very important, somebody who might stick their head above the parapet and usually they are very good people on a number of fronts and they are creative and they are interesting and they are leaders. So that people who might step to do that would not be put in an exposed or damaged position, that there would be protection for these people, just as other sets of rights, that they would have a right to do this and not to be sacked because of it or sidelined or denied promotion. There is no exceptional treatment for them, but that there would not be a disadvantage for it. And then a clear right of access for workers to engage with their trade union in the workplace without obstruction, that they would have the opportunities to do that, obviously in their own time, but that they would have that ability to do it. It must recognise that collective bargaining is not a threat, it is a tool. It reduces inequality, boosts consumer demand and provides certainty for both workers and employers, as I looked at earlier. So it is not to imply solutions, and I should say, when collective bargaining takes place, the labour court is there, there is the machinery in government. So in other words, if there is not agreement and there will not always be, it will go to due process and that has worked very well in the past. So I am very grateful that you are here, Minister. I would like to hear you say how you see the action plan developed, and that you see it as protecting workers who seek to have unionisation and represent their colleagues, and you see it as allowing the right of access and the right to collective bargaining in the first instance. And it will all be done within the machinery that exists. Thank you. Senator Minster, you have four minutes. Thank you. I want to thank you, Senator Joe O'Reilly, for submitting this matter, and I am taking it on behalf of Minister Bourke, as you have said. Ireland's long-standing voluntary system has served us well over decades, helping to contribute to industrial peace and stability. It has also enhanced Ireland's attractiveness as a major investment location, and has led to a cooperative environment for resolving disputes. The Broganford Government sets out a commitment to publish an action plan on the promotion of collective bargaining by the end of 2025. This will be in line with the EU directive on adequate minimum wages, although the directive is currently before the European Court of Justice. Ireland has reaffirmed its strong commitments to workers' rights by proceeding with the development of the action plan, regardless of the outcome of the case. As outlined in the directive, the action plan will establish a clear timeline and concrete measures to progressively increase the rate of collective bargaining coverage. The process will have full respect for the autonomy of the social partners and ensure ongoing engagement with all relevant stakeholders. As part of the Government's consultative approach, a public consultation was held from April to May of this year to gather broader input on its content. A working party has been established with department officials and the social partners to examine what will be considered for inclusion in Ireland's action plan. The group has met regularly this year and their work is essential in developing the content of the action plan. The Minister would like to say that it is too early to comment on the content of the action plan, but it is the Minister's intention that a balanced and evidence-based approach be undertaken in considering any legislative or policy change arising from the action plan. Both legislative and non-legisitive options may be considered as part of the broader development of the action plan, depending on the outcomes of the consultation and ongoing policy formulation with the social partners. The European Commission Expert Group's report on transposition of the directive is clear that the design of the framework of enabling conditions and the content of the action plan is entirely up to Member States in consultation with the social partners. Thank you, Minister. I appreciate the line that you will progressively increase the rate of collective bargaining. I suppose to truly do that properly, we just need the three things I set out. We need the legislation to support it. We need the stronger protection for the workers' representatives. That is very important that people are not disadvantaged in this sphere for seeking to represent their colleagues, and a clear right of access for workers to the bargaining process and to the trade unions. So those are the objectives, and Minister, if you could suggest that you personally would convey to Minister Bourke the importance of incorporating those basic, simple principles. Thank you. I will certainly say that to Minister Bourke. It has been the clear, consistent policy of successive Irish governments to promote collective bargaining through both legislation and through the development of an institutional framework that supports a voluntary system of industrial relations. Therefore, it is hugely important that we continue to protect the measures which have been put in place to support collective bargaining within a voluntary industrial relations framework. That has served our State well to date. The Minister believes that a strong and well-functioning collective bargaining system supports productivity and fair wages, especially in the low-paid sectors. Furthermore, the capacity to engage effectively in collective bargaining is a key element of the Adequate Minimum Wage Directive, and the Government hopes to further support the social partners in this area.