Gerald Nash (Louth, Labour)
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54. To ask the Minister for Enterprise, Trade and Employment to set out the legislative action the Government plans to take to combat union-busting and to protect workers from victimisation in the workplace as part of the proposed Action Plan on Collective Bargaining; and if he will make a statement on the matter. [43578/24]

Emer Higgins (Dublin Mid West, Fine Gael)
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The Directive on Adequate Minimum Wages in the European Union was published on 19th October 2022 and must be transposed by 15th November 2024. The Directive aims to ensure that workers across the European Union are protected by adequate minimum wages allowing for a decent living wherever they work.

My Department has received legal advice on minimum wage and collective bargaining elements of the Directive and work is underway to ensure transposition by the deadline of November 2024. It is expected that the transposition deadline will be met.

One of the goals of the Directive, under Article 4, is to increase the number of workers who are covered by collective bargaining on wage setting. The Directive requires Member States with a collective bargaining coverage below 80%, such as Ireland, to establish an action plan to promote collective bargaining by the end of 2025. We intend to publish the action plan ahead of that date. While no new legislation is required for transposition of the collective bargaining elements of the Directive, legislation may be separately be considered as part of Ireland’s action plan.

In order to begin work on developing Ireland’s action plan, a working group was established with the social partners at the end of 2023 and has been meeting regularly and constructively. This year as part of the group’s work, the social partners have provided my Department with proposals, including proposals from ICTU on protections and access for trade union officials in the workplace. I discussed Ireland’s action plan with the social partners at the LEEF Subgroup on Employment and Enterprise in September.

To ensure full and detailed consideration of implications of the significant proposals received to date for inclusion in Ireland’s action plan, on 15th October I informed the Cabinet that my Department will publish the proposals for consultation and observations from interested stakeholders across the wider enterprise and employment sectors.

I am aware that some of the proposals may raise legal and policy issues. The outcome of the consultation process will help guide my Department in finalising the proposed actions, both legislative and administrative, which may be considered for inclusion in the Ireland’s action plan next year.

I would like to stress that the Government fully supports the right of any worker to join and be active in their trade union. Employees have the right under the Constitution to form associations and trade unions. Under Irish legislation, an employee cannot be discriminated against or dismissed because they are a member of a trade union.