Gerald Nash (Louth, Labour) | Oireachtas source

This goes to the heart of the matter. An important definition of "collective bargaining" is provided for in this section of the Bill. The courts found flaws with the absence of such a definition in the past. This matter is fundamental to this whole discussion. The purpose of Deputy Tóibín's amendment is to remove the reference to the term "voluntary" from the proposed definition of "collective bargaining" in section 23 of the Bill. In developing legislative proposals on collective bargaining, the Government has been keen to respect the positions of stakeholders and develop proposals that sustain what has traditionally been described as the "voluntary" system in this country. Crucially, we also need to make sure workers have confidence in the system. In the absence of collective bargaining, effective systems should be available to workers to make sure discussions on issues like remuneration and terms and conditions can be determined by the Labour Court in the context of a set of legal arrangements like this. Those considerations should be made on the basis of comparisons with similar companies. It should be possible for recommendations to be secured by way of Circuit Court order if necessary.

Worker and employer representatives have played a key role in working with Government to develop clear and workable frameworks in this area in the spirit of real social dialogue and social partnership. It is in this context that the definition of "collective bargaining", as provided in section 23, has arisen. It was the subject of detailed discussion involving me, my Department officials and others as well as employer and worker representatives to reach this point. It has been agreed with stakeholder interests. More fundamentally, the definition will deliver for our economy, working people and employers.

It is important to remember that this position is consistent with the policies of successive Governments down the decades. It takes on board a great deal of the institutional learning that has been acquired over generations through the prism of the voluntary system of industrial relations, which is premised upon the principles of freedom of association and freedom of contract. This system has not been without difficulty but, by and large, it has served the country, the economy and society well.

It is worth noting that the principle of volunteerism is recognised at international level. Article 4 of the International Labour Organization, ILO, Convention on the Right to Organise and Collective Bargaining, CO98, reads:

Measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

Accordingly, I cannot accept the amendment.