Tony Killeen (Clare, Fianna Fail)

Section 2 of the Industrial Relations Act 2001 as amended provides that the Labour Court may, at the request of a trade union or excepted body, investigate a trade dispute where it is satisfied that, inter alia, it is not the practice of the employer to engage in collective bargaining negotiations in respect of the group of workers party to the dispute and the internal dispute resolution procedures, if any, normally used by the parties concerned failed to resolve the dispute.

The Supreme Court judgment in the case referred to by the Deputy arises from judicial review proceedings brought by Ryanair against a decision of the Labour Court in January 2005 to investigate, at the request of the IMPACT trade union, a dispute between the union and Ryanair concerning Dublin-based pilots. Ryanair brought judicial review proceedings seeking to quash the Labour Court's decision on the grounds that the Labour Court did not have jurisdiction in the matter, in essence that the conditions for the investigation of a dispute in the section of the Act I quoted had not been met, and that the Labour Court had adopted unfair procedures in arriving at its decision.

The High Court found in favour of the Labour Court in the matter. However, on appeal the Supreme Court found in favour of Ryanair. It ordered the Labour Court to again hear the case and apply the procedures and law as indicated in its judgment. It is a matter for the Labour Court to proceed as indicated by the Supreme Court, however, I understand the court considered the Supreme Court judgment and arrangements are being made to hear the case again. In the circumstances, it is prudent to exercise caution when commenting on this issue.

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