Bertie Ahern (Dublin Central, Fianna Fail)

I have answered the Irish Ferries point three weeks in a row, but I will briefly recap by saying that the issue is before the Labour Court. As Deputy Ó Caoláin stated, we have examined our legislation at both European and national level. Last week Deputy Rabbitte also made some proposals in this regard. We must see if there is a way of dealing with ships registered offshore that endeavour to use this country but keep their staff totally outside its jurisdiction. I have been advised to date that no law can do that. There is no relevant European law, and even if there were one, many of the flags of convenience linked to other places would remain outside of European Union law and the legal difficulties in trying to implement this would create substantial difficulties.

I met Irish Ferries management at the beginning of last week. I outlined the difficulty that its actions have caused. It made all its arguments to me, but I do not accept that the procedures it used are valid. I know it argues that nearly all its workers have applied for redundancy. It wishes to deal with that, but it has created difficulties in the wider trade union movement. It is a bad practice to remove Irish jobs in order for others to come in on lower rates. I have heard arguments in that regard outside the House, but I still do not agree with it and I have made my position very clear. I have agreed to work with the unions to examine its legality. The Minister has already done so and set out a detailed case to the unions. Regarding IBEC agreeing with the employers, it is the employers' organisation. Since it tends to agree with employers, that does not surprise me.

On the issue of An Post, the membership of the CWU has voted for strike action on the basis of the non-payment of Sustaining Progress increases. The union has granted the company 14 days before industrial action. That will expire on Friday. Talks are ongoing today to see what, if anything, might be done to deal with that. I do not want to say anything about them, other than to say that I naturally hope that they facilitate an acceptable agreement.

On the pay issue the Deputy raised, the membership of the CWU voted for action, but it is not clear what form that action might take. At the request of the Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, the implementation body will facilitate today's talks between the two sides to find a resolution in the context of the Labour Court recommendation to which I referred last week. The AHCPS, the PSEU and the CPSU have referred the non-union payment of Sustaining Progress to the Labour Court for determination. The Labour Court decided that members of the AHCPS and CPSU have agreed and implemented change agreements and on that basis are entitled to Sustaining Progress increases as set out in the Labour Court recommendations issued last summer.

That means that Sustaining Progress payments due this year and next will be paid from the due dates. That due in 2003 and 2004, which amounts to 5%, was paid to An Post employees and pensioners from 1 January 2005 on foot of the assessor's report, and retrospective payments due will be considered in the context of the company's financial situation. The recommendation made regarding the PSEU is that, where it agrees and implements changes to work practices, Sustaining Progress will be paid on the same basis as to members of other unions.

An Post has accepted the Labour Court recommendation and stated that pensioner members of the AHCPS, CPSU and PSEU will also receive payments under Sustaining Progress. As I understand it, An Post is prepared to continue negotiations on that basis.

I have outlined the position in full regarding all the unions involved. Needless to say, I hope the discussions on the remaining parts will be successful.

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