Richard Bruton (Dublin North Central, Fine Gael)

As I outlined in my answer, the Constitution recognises the right to join a union and to select representatives, but it does not oblige employers to recognise trade unions for the purpose of collective bargaining. That is the law as it stands and it remains the law.

The issue of collective bargaining and what happens where employers refuse to recognise unions has long been a contentious issue. As I understand it - and I am not an expert in this field - the industrial relations legislation introduced between 2001 and 2004 sought to introduce a system to deal with that. It was a negotiated solution between the two sides. Where a dispute had arisen and where the employer does not recognise the union, it allowed that the matter should go to the Labour Court for an adjudication. That is the system that has been developed under our voluntary industrial relations system. Some judgments have thrown doubt on that system and as I indicated in the initial reply, there will be discussions in this regard, as well on the issue raised by the European Court of Human Rights, which concerned the victimisation of individuals because they had joined trade unions. Consequently, the Government must ensure that Ireland's law is in conformity in this regard.

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