Maurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I thank the Minister of State and his officials for coming. As he is probably aware, my colleagues Deputies David Cullinane and Aengus Ó Snodaigh introduced a Bill in April 2017 to allow members of the Defence Forces and An Garda Síochána to be classified as workers under legislation and give them the option of forming trade unions.

The purpose of the Trade Union (An Garda Síochána and the Defence Forces) Bill 2017 was to allow the representative associations in An Garda Síochána and the Defence Forces to reconstitute as trade unions, if they so wished, thereby giving them full access to the State's industrial relations mechanisms, while making it illegal for members of An Garda Síochána and the Defence Forces to engage in strike action for reasons of public safety and national security. Rulings made by the European Court of Human Rights and the Council of Europe, the increased level of industrial action engaged in by members of An Garda Síochána and the continued negative treatment by the State of members of the Defence Forces in their pay and conditions were among the reasons Sinn Féin introduced its Bill. The continued ban on trade unions within An Garda Síochána and the Defence Forces is in violation of international agreements and the fundamental rights of those employed in the sector.

The Bill which has been brought forward by the Minister of State has a similar, albeit considerably more limited, aim. It seeks to amend the Industrial Relations Act 1990 to allow members of An Garda Síochána and their representative associations to access the State's industrial relations mechanisms, namely, the Workplace Relations Commission and the Labour Court. Gardaí have been waiting too long to be allowed access to the industrial relations mechanisms of the State. Internal disputes within An Garda Síochána escalated owing to the unavailability of a forum in which to address conflicts at an early stage. While long overdue, the Bill is very welcome.

Sinn Féin believes members of An Garda Síochána and the Defence Forces should be allowed to join a trade union, if they so wish, and that members of the Defence Forces should also be allowed to access the Workplace Relations Commission and the Labour Court in the same way gardaí will be permitted to do under the Bill. Will the Minister of State clarify if there is a particular reason members of the Defence Forces are specifically excluded under the Bill? As I said, while the Bill is very welcome for the changes it introduces for members of An Garda Síochána, it is far more limited than what is proposed in Sinn Féin's Bill. We intend to bring forward amendments to the Bill on Report Stage to strengthen the rights of gardaí and members of the Defence Forces.

I would like the Minister of State to address the following questions. Why will members of the Defence Forces not be defined as workers under the Bill? If it is for the Minister for Defence to decide if members of the Defence Forces will be allowed access to the WRC, will the amendments submitted by Sinn Féin concerning Defence Forces personnel be allowed to be discussed or ruled out of order?