Dáil debates

Tuesday, 18 December 2007

Competition (Amendment) Bill 2007: Second Stage

 

7:00 pm

Photo of Michael AhernMichael Ahern (Cork East, Fianna Fail)

A difficulty does arise, however, when a trade association acts on behalf of self-employed contractors and in such instances the trade union mantle cannot exempt the association from what is, in effect, price-fixing negotiations.

I would like to reflect at this point on our industrial relations system. I believe that we are very fortunate in terms of the industrial relations systems we have developed together in Ireland. The fundamental approach of successive Governments to industrial relations has been one of voluntarism. There is a consensus among the social partners that the terms and conditions of employment of workers are best determined through the process of voluntary bargaining between employers and workers and between employers' associations and one or more trade unions. This approach to industrial relations has served us well over the years.

In general, our laws do not try to impose a solution on parties to a trade dispute, but rather are designed to help support the parties in resolving their differences. The State has, by and large, confined its role to underpinning voluntarism through the provision of a framework and the industrial relations institutions that can assist in the resolution of disputes between employers and workers and through which good industrial relations can prosper. The capacity to resolve workplace disputes effectively contributes to the quality of the working environment and has a significant impact on organisational performance in terms of reducing days lost, enhancing productivity and improving management-employee relations.

The Government is focused, through its investment in dispute resolution machinery, on making a real difference to the conduct of industrial relations in the country. A key feature of that investment has been the Labour Relations Commission. The commission has been a very successful organisation, whether judged from the perspective of dispute settlement or from the perspective of dispute prevention.

The record of success in dispute resolution is clear from the available data which shows that the conciliation services division consistently settles about 80% of all cases referred to it. By the same token, the Rights Commissioner Service, currently dealing with very significant growth in demand for its services, resolves the vast majority of all cases referred to it.

The Labour Court also plays a key role in contributing to the stable industrial relations climate in Ireland. The court's excellent reputation is built on the maintenance of high standards and a commitment to quality customer service.

We are all aware, however, that effectiveness in dispute resolution is not the whole story in making a difference to the conduct of industrial relations. The key to the long-term health of an industrial relationship is, on the one hand, for parties to take the steps necessary to ensure that the relationship is effective and, on the other, that they can resolve differences themselves when they arise. The dispute resolution bodies have long understood this reality and have helped parties to industrial relationships right across the country to develop good communication mechanisms and good in-house dispute prevention and resolution arrangements. Social partnership has played an important, if not pivotal, role in Ireland's dramatic economic and social development since 1987.

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