Richard Boyd Barrett demands enforcement after SCEO appeal
Richard Boyd Barrett challenged the government over its handling of the appeal of the sexual employment order, urging strict enforcement and contingency legislation. He warned contractors were underbidding minimum rates and highlighted planned construction worker protests outside the CIF.
Appeal and enforcement
He welcomed the appeal of the sexual employment order and pressed the Tánaiste to ensure the statement that employers must not reduce pay or conditions prior to the appeal is enforced. He said he has heard reports of contractors taking advantage of the striking down of the order and trying to underbid the minimum rate.
Scope of affected workers
He said the appeal will affect thousands of construction workers and potentially hundreds of thousands more where other SCEOs or sexual agreements maintain minimum standards of pay and conditions. He referenced construction workers protesting outside the CIF tomorrow at half 12 because of their concern.
Request for Plan B legislation
He asked whether the government will develop a parallel 'plan B' legislative route to address possible loopholes and ensure paying conditions and minimum rates can be set through orders and by actions of the Dáil if the appeal fails.
Government response and contingencies
The Tánaiste replied that for existing workers in these sectors paying conditions cannot be reduced unilaterally by employers and that the orders still stand until the Supreme Court makes its adjudication on them. She said labour rights should be enforced and confirmed that work will be done on contingencies, while noting the government cannot predict the exact outcome of the Supreme Court case or all potential loopholes.
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I'm glad to hear that you're appealing the sexual employment order and certainly it seems to me that there are very strong grounds for that appeal which as has been said is going to affect thousands and thousands of construction workers but potentially hundreds of thousands of workers where other SCEOs or sexual agreements maintain some kind of minimum standard of pay and conditions but just on your comment about people shouldn't be trying to breach that prior to the appeal I think it's important that that statement is enforced Tanaiste because already I'm hearing reports from construction workers that there is contractors taking advantage of the striking down of the order and trying to get in and essentially underbid the minimum rate so I think it's important that is enforced and I know construction workers are protesting outside the CIF tomorrow at half 12 because of their huge concern about this but can I also ask how are you going to enforce what you just said as much as I welcome it and also are you going to on a parallel track look at that as a plan B legislation that will deal with the possible loopholes if you like in order to make sure that if the appeal fails that we immediately have something in place to ensure that paying conditions and minimum rates can be set through orders and by actions of the Dáil. Thanks very much as I understand it for existing workers in these sectors their paying conditions cannot be disimproved or reduced unilaterally by their employers so the orders still stand until such a time as the Supreme Court makes its adjudication on them and here's the appeal and obviously labour rights are enforced in the normal way and should be enforced and should be enforced fully as is often the case with a case like this where the government is appealing a decision of the High Court work will be happening in the background on a plan B as the Deputy describes it but that can never be done perfectly because we can't predict the outcome of the Supreme Court case or what loopholes may or may not be identified but to answer his question in shorthand yes of course work will be done on contingencies that might arise from a judgment to the Supreme Court but none of us can know for sure what that judgment will be.
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