Their task would be to consider the impact of the dispute on the broad public interest, including affected third parties, the economy and the public at large. They would also consider the longer term harm that intervention might cause, but only as one factor in the overall public interest. These panels could weigh all of the interests, balancing the narrow partisan interests and factoring in and reporting on the broader but less publicized impacts as well. The appointment of Public Interest Panels for some disputes will give the Minister the benefit of considered advice and satisfy the legitimate and important objective of being seen to balance the public interest with the Code's stated purpose of fostering collective bargaining. This should also reduce the appearance of unjustified interference in free collective bargaining.
Parliament always remains free to legislate.
However, we recommend that any time legislation may be contemplated, the Minister of Labour appoint a Public Interest Panel sufficiently early to allow the Panel to provide advice to the Minister, and through the Minister to Parliament, about whether intervention is needed, and if so, what, when and why such intervention is justified to protect the public interest. The Minister of Labour should have the ability to appoint a Public Interest Panel on an ad hoc basis for any dispute involving significant public interest or impact. The Panel could be appointed at any time after the notice to bargain has been served. The Public Interest Panel should report directly to the Minister.