Oireachtas Joint and Select Committees

Tuesday, 20 February 2024

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

General Scheme of the Defence (Amendment) Bill 2023: Discussion

Mr. Conor King:

The first question I noted was whether we know if any member of RACO or PDFORRA - I obviously speak for RACO - has been charged with making a political statement. I am not aware of it, but I have to specify that neither I nor the general secretary of PDFORRA are omnipotent. We do not know everything that goes on. However, we should focus on what is stated in the proposed legislation. It states, "An association, or a representative of an association, shall not". I do not know whether tomorrow one of my paying members will make a political statement, but the legislation references a representative association or a representative of an association. That is a distinction that should be drawn. To my knowledge, however, I have never heard of a RACO member making a statement and being disciplined under military law for that statement, politically.

I will deal with the question on consultation.

We made a good decision to go into the Irish Congress of Trade Unions as associate members. It was a very considered decision. Some 85% of our members voted for it. We balloted the entire membership. It was principally for the purposes of having a better influence and a better crack of the whip at pay negotiations. As members can see, we have benefited much more from our associate membership of the Irish Congress of Trade Unions, from its advice, guidance, experience and support. I will not speak for PDFORRA but we as RACO, and I, as an individual, were forced to sue the Minister for Defence to get associate membership of ICTU. We asked for a conciliation council report, CCR, where we would agree certain conditions and restrictions. It was the first and last time I have ever been in the High Court when I had to go to sue the Minister for Defence to become an associate member of the Irish Congress of Trade Unions.

The terms of settlement in that suit were that temporary conditional associate membership of the Irish Congress of Trade Unions would be provided under certain restrictions. It was a take it or leave it situation. There was no discussion. The court was about to go into vacation. The pay talks were around the corner. If we wanted to be in ICTU, we had to take what was being offered to us. There was no settlement, as such. There was an offer which could be accepted or not. Part of that settlement was that the conditional associate membership would last until the end of June 2024 unless the legislation was enacted before June 2024. The next part was that if there was a feeling that the legislation might not be enacted in time, by 30 June 2024, then the Minister should enter into consultation and consideration three months before June 2024, which would be March 2024, with a view to extending the period. I can only speak for our association. We have no problem with an extension to the period, as long as this legislation is correct and appropriate.