Enda Kenny (Mayo, Fine Gael)

With respect, that reply does not answer the question. My concern is about the message that is going out about Ireland and the position in which we find ourselves, whereby public perception is that a strike is being held on the basis of a pay increase. That is fine until people begin to understand that 418,000 people and rising now are on the live register and that companies with major productivity concerns are being affected by this dispute, despite having had neither hand, act nor part in it. There has been evidence to this effect from Diageo, Cadbury and a number of major infrastructural projects that are under way at present.

This issue arose neither today nor yesterday but has been signalled for some time, and since last November in particular. The point is that although everyone will call for both sides to come together and to use the State mechanisms to resolve this issue before it reaches a potentially catastrophic position, a decision cannot be made until there is evidence of what is the answer to the question I raised. At the time when the Tánaiste reported to her Cabinet colleagues on this matter, surely there was an obligation for the evidence and advice of the Attorney General to be given as to whether the agreement is legally binding. If it is legally binding, then there is one answer, while if it is not, there is a different answer. While using the mechanisms of State and if it is legally binding, it may be that the money due will be paid and agreement then will be reached on a freezing of rates or whatever. I understand there is room to drop both the claim for a decrease or cut back in wages and the claim for an increase in wages, depending on the resolution of the question of whether this agreement is legally binding.

I note the Taoiseach has made a strong case a number of times about social partnership and I have heard the comments of the President in this regard. Has that question been addressed in the briefing given by the Tánaiste to her Cabinet colleagues? As this question was not fully and finally signed off by the Labour Court, what is the Government's response to that? Is the agreement therefore legally binding or not? The answer to that question leads to a solution of this issue. This strike will end through discussion and dialogue. However, central to such discussion and dialogue will be the answer to this question. The Taoiseach does not wish to see any further deterioration in Ireland's employment situation or progress, as we are in dire straits as it is. However, this problem has gone on since last November and I do not want the legal mechanisms for resolving industrial disputes to fail to such an extent that the message goes out about Ireland that, in the midst of the greatest economic and unemployment crises it ever has faced, workers in the electrical sector are on strike for a pay increase, particularly given that 418,000 other people are signing on the live register. I again ask the Taoiseach to address this central question. Has the Government received advice? Has the Tánaiste briefed her colleagues as to whether this agreement, in the Government's view, is legally binding or otherwise? Alternatively, will the Government be obliged to appoint an interlocutor or to seek adjudication from the High Court on that net question?

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