Minister for Jobs Richard Bruton has said he cannot enact temporary measures to protect workers as a result of a High Court judgment last week that found a mechanism for setting wages to be unconstitutional.
The judgment was delivered last Thursday in a case taken by a number of fast-food businesses.
In the wake of the judgment, the Minister said he expected to publish temporary measures to protect vulnerable workers, pending the Government’s planned overhaul of the Joint Labour Committee system.
In a statement this evening, Mr Bruton said he and his department engaged in urgent consultations with the Attorney General and her office to explore “all legal options available which would provide protection to workers previously covered by employment regulation orders”.
“In particular, two possibilities were examined: enacting emergency legislation to provide temporary protection for workers pending enactment of comprehensive reforms, and appealing the judgment that would likely have the result of providing a stay on its effects.”
Mr Bruton said that “unfortunately” as a result of these consultations, it had become clear that “neither option is viable”.
“There are not sufficient grounds for an appeal; emergency legislation would be extremely complex, would run a very real risk of further challenge and would in any event be of doubtful impact.”
He said the priority now was to proceed with “a radical overhaul of the JLC system to make it more responsive to the needs of a modern, 21st century economy”.
“The comprehensive reform proposals that have already been the subject of discussions with stakeholders and at Government will address the weaknesses identified by the court, and would therefore restore protection for workers in the relevant sectors.”
Mr Bruton said the Attorney General Máire Whelan had assured him that the drafting of legislation required by the proposals “will be treated with the highest priority by her office”.
His department would also treat this issue with the “most extreme urgency”, he said.
“My intention is that legislation be introduced to the Dáil very early in the next term with prioritised enactment thereafter.”
Department officials will with the Chief Whip tomorrow to discuss the proposed legislation and how best it can be speedily enacted, the Minister said.
Last week’s High Court judgment means all 17 of the employment regulation orders in place cease to have statutory effect and cannot be enforced.
Where prosecutions for non-compliance with such an order have already been commenced, these will have to be withdrawn.
Fianna Fáil said this evening that Government inaction over the protection of vulnerable workers was "unacceptable."
The party's Jobs spokesman Willie O'Dea said the decision not to introduce temporary measures left workers in an even more precarious position.
"The Government must act immediately. It is simply not good enough to cite the complexity of the situation for delaying the introduction of much needed protection measures," he said.