Bertie Ahern (Dublin Central, Fianna Fail)

The Deputy has asked a large number of questions, which I will try to answer. The national implementation body — just to focus on the latest recommendation and not go back over the Labour Court and earlier recommendations of the Labour Relations Commission — made recommendations on four main issues. It said that Irish Ferries should suspend its application to re-register its vessels on the register of Cyprus. Second, it said that the efforts to arrive at an agreement regarding the terms and conditions of employees who wish to remain in the employment of Irish Ferries should continue and be brought to a conclusion by Wednesday, 7 December. Third, the NIB stated that the terms and conditions of employees who are recruited to work on Irish Ferries vessels in the future should reflect, inter alia, Irish minimum wage arrangements, in the context of the unique nature of the contracts of employment which typically operate in the maritime sector and the competitive pressures faced by the company. Finally, the NIB stated that in the event that the outcome of this process was that these vessels were not maintained on the Irish register, the terms of any agreement with regard to existing employees and the standards which would apply to employees recruited to work on the vessels in the future should be reflected in an agreement of binding character, which should not be updated or set aside by any subsequent change in the country of registration. These are the issues set out by the national implementation body.

The meaning of the recommendations, to answer the Deputy's second question, is that the unions and management are urged to engage fully with the Labour Relations Commission, without prejudice to their respective positions, as stated up to now. The NIB has suggested that the parties should explore a solution on the basis that the re-flagging proposal would be suspended for the moment, that some ring-fenced arrangements would be put in place for those staff who wish to stay on and that some mechanism might be found that would extend minimum standards of employment to new recruits on the Irish Ferries ships, including minimum wage arrangements. The precise manner in which this could be achieved was a matter to be discussed. A contractual arrangement is envisaged that would be binding on Irish Ferries even in the event of the company pressing ahead with reflagging its ships in another country, in this case Cyprus. The precise nature of this contractual arrangement would be a matter for discussion by the parties concerned. Having been involved in and kept abreast of discussions in recent days I support fully those initiatives.

There is a right to reflag under European laws of re-establishment but the mere entry of a vessel on a foreign register is not in itself sufficient to constitute the exercise of that right. Irish Ferries must therefore satisfy a Minister of a bona fide exercise of that right in accordance with its requirements. The Minister is not obliged to deregister a vessel unless there is a valid and bona fide exercise of that right.

I am aware that ICTU has arranged a march for Friday, 9 December at 1.30 p.m. in Dublin and at eight other locations, and that a meeting will be held about that this evening. I understand the frustrations about the issue, but Friday is a working day.

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