Matt Carthy (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Every day in this place we find legislation being used for something that the original drafters could never have envisaged. The fact is that if we provide a Minister with a power then we are providing them with the legislative basis for them to use that power at some point in the future. I understand that in the course of negotiations RACO and PDFORRA might have accepted this provision being included, but now we are at the point where we are enshrining it in legislation - the truth of the matter is that legislation can be changed at any stage in the future if that is the will of the Oireachtas - I would just be cautious because I think head 26 sends the wrong signal in terms of the activities that an association will be prohibited from undertaking.

The opening statement mentions "Undertakings were given at the time by the PDF representative associations not to engage in certain specified activities." There is a commitment there and I presume if there is a breach there would be some form of penalty applied. Would it not be better if we removed section (2B) and outlined the state of play? Members of the Defence Forces are giving undertakings that no other worker in society has to give, in terms of being prohibited from certain types of industrial activities and, in exchange, the State is giving its blessing for them to be represented on the Irish Congress of Trade Unions to ensure that their voice is heard in discussions. A little asterisk could be attached to that and it could be added that a Minister at some point in the future could also withdraw that right from them. Regardless of what agreements were made with the representative organisations, this is the Oireachtas and we are the people who have to put in place a framework, potentially for generations. It might be better if the Department were open to considering removing that subsection entirely.