We can’t afford to have our politicians playing to gallery as we face into storms on horizon
IF ever there was a time when Ireland must clearly distinguish itself from the UK as a place to do business, that time is now. Yet, the ‘new politics’ model of the past 16 months has impeded the governance of the country. An election that was won by neither side has resulted in a Government with no majority and an Opposition with the power to slow down the legislative process, leading Ireland into uncharted political territory. It has created a wide-open space for political grandstanding and populism – inducing paralysis rather than a constructive legislative programme.
To take one example, my colleagues and I gave a briefing to members of the Oireachtas and their staff about proposed zero hours and variable hours legislation. There were two features of our engagement that stood out as being extraordinary. First, we were not discussing a single legislative proposal around which all could debate, agree, disagree or amend. Besides the pending Government proposals, we also found ourselves discussing two other quite separate Bills on the same subject from two opposition parties.
The second extraordinary and unhelpful feature is that these Bills had not been subject to regulatory assessment. This failure to determine the impact of legislation has been a general feature of the proposals streaming through the Oireachtas over the past year. In the particular case of the zero hours and variable hours legislation, not one member of the Oireachtas has acknowledged that it is disproportionate to impose a major administrative and cost burden on all employers so as to address an issue affecting approximately 2.6pc of the workforce. We do not have a single, robustly examined and proofed Bill which the Oireachtas could work upon to approve, amend or reject. Instead we have three variants of a crude legislative sledgehammer.
Our Dáil and Seanad have a proud record of members publishing carefully drafted Private Members Bills in circumstances when the government of the day was avoiding an issue. This is an entirely different matter from the lack of focus and waste of resources that has ensued over the past year through the production of multiple similarly themed Bills from different parties.
Some of the legislation that makes it through to publication is particularly alarming. Were the Industrial Relations (Right to Access) (Amendment) Bill 2016 to have passed into law, it would have given any trade union official the right to enter a business premises to check up on the employer. Trade union officials would have this power whether or not the relevant union is recognised. Although this passed the first legislative stage, it was thankfully defeated at second stage but it remains on the Order Paper.
EVEN had the Dáil and Seanad Oireachtas passed this legislation and had the President signed it, the Bill would still have faced a challenge as it would almost certainly have stumbled against the Irish Constitution which enshrines rights and freedoms. Try explaining to a foreign investor that this officially published Bill was just a part of a political dance and it could never pass into law. It was published. This hardly helps those promoting Ireland as a land of civil liberties, with respect for private property and a commitment to a healthy business environment.
There is also proposed legislation that would impose a statutory debt on employers who had voluntarily sought decades ago to provide superior benefits for their workforce. Here again we encounter a complete absence of any comprehensive regulatory impact assessment. Yet, in a financial vacuum, considerable Dáil Committee time continues to be dedicated to discussing the desirability of these proposals. The bizarre message being sent to employers is that those who have sought to maintain defined benefits in the face of huge demographic change could in the future potentially be penalised for their efforts on behalf of their employees.
There are three Bills which would make it very difficult for employees and employers to agree flexible working hours. There are proposals that would make it illegal for any business to set a retiring age. There are proposals that would prohibit a business securing a public contract unless it recognises a trade union
We deserve a Dáil and Seanad that work on coherent proposals with thorough impact assessments. We can’t afford to play to the gallery as we face into the uncertain times.
and collectively bargain. These may or may not pass into law. Members of all parties are churning out legislation as they try to outmanoeuvre each other. It is all part of the ‘new politics’, something which typically appears to be just a particularly irresponsible form of the ‘old politics’.
Ireland is already facing significant international challenges, much of which is beyond our control. Our main trading partner is leaving the trading bloc to which we belong; the UK has a workforce of 32 million people who will meet their competitive challenges by sharpening their work practices.
We cannot afford to play to the gallery as we face into the uncertain storms ahead. So far, the Oireachtas has not risen to the challenge.