Brian Cowen (Laois-Offaly, Fianna Fail)

I assure the Deputy that the Taoiseach has communicated that message and continues to do so in respect of the conduct of this dispute. He has made his position clear. From the outset he indicated that he expects respect for employment and Irish law to apply in this case.

The orderly conduct of industrial relations depends on respect for the basic norms and institutions of the State, especially the Labour Court. While Labour Court recommendations are not generally binding, they should be respected as the proper resolution of disputes. This is especially the case with the Irish Ferries dispute. The court spelt out carefully its views on fundamental aspects of negotiation and collective agreements. It upholds the basic principle that agreements should be honoured unless there are compelling reasons to vary them.

In this case having heard comprehensive arguments from both sides the court concluded that the company had not made a sufficiently compelling case to justify a unilateral termination of its agreement with SIPTU. The court, however, added that all possibilities of renegotiating aspects of the agreement of concern to the company had not been exhausted. It therefore recommended that the parties resume negotiations on such changes as are necessary to address the commercial needs of the company.

Having regard to the clear risk to the conduct of ordinary industrial relations which the court said would otherwise arise, the Government has strongly urged the parties to enter into negotiations with an independent facilitator if necessary. The issues in dispute between SIPTU and the company could have been resolved. It may still be possible to resolve them but the company's tactics have not helped.

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