Aengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I commend Deputy McNamara on this Private Members' Bill and am happy to confirm that Sinn Féin will support it. Following the ruling of the European Committee of Social Rights that the Garda representative organisations should be allowed to join ICTU and negotiate wages and have the right to strike, I believe it is right and proper that we support the legislation presented to us today. My Sinn Féin colleague and spokesperson on justice issues, Deputy Pádraig Mac Lochlainn, welcomed that decision when announced and stated at the time that gardaí should be given the same rights as other workers in the public sector.

Sinn Féin also supports the right of the Defence Forces representative associations to join ICTU and to participate in collective bargaining. The European confederation of police, EuroCOP, lodged a complaint to the European Committee of Social Rights against the Irish State in June 2012 on behalf of the Association of Garda Sergeants and Inspectors. At that time, the committee concluded the complaint was admissible under the Articles 5 and 6 of the European Social Charter.

The complaint highlighted the restrictions placed upon national police associations, in particular the Association of Garda Sergeants and Inspectors, AGSI, which did not enjoy full trade union rights, including the right to join an umbrella organisation, in this case the Irish Congress of Trade Unions, ICTU. The committee upheld the complaint under article 5 of the charter on the grounds of the prohibition on police representative associations joining national employees organisations. The committee also found that Irish legislation failed to ensure sufficient access by police representative associations to pay agreement discussions, as required under article 6.2 of the charter and held that the prohibition on the right of members of the police force to strike amounts to a violation of article 6.4 of the charter.

Following that decision, EuroCOP's president, Anna Nellberg-Dennis, noted that the committee's conclusions are a victory not only for the Irish police but have important impacts upon police forces across Europe. By highlighting the fundamental importance of police rights and educating European police officers about their rights to organise and to bargain collectively, the committee has helped draw more attention to those member states failing to adequately provide for the social rights of their police officers, and we heard earlier about further decisions since the decision on the Irish complaint from the AGSI.

On behalf of the Irish Congress of Trade Unions its legal officer at the time stated:

There is a common misunderstanding that international law requires countries to prohibit their police forces from taking part in trade union action. As this Determination shows, the opposite is the case. States can only restrict or deny rights in exceptional situations and where the state can give concrete examples of why the restrictions are 'justified', 'necessary', 'appropriate' and 'proportionate'. Blanket bans, such as apply in Ireland, represent a violation of rights.

In coming to their decision the members of the European Committee on Social Rights examined the specific situation in Ireland before concluding that there was no compelling justification for the imposition of an absolute prohibition on the right to strike by gardaí set out in section 8 of the 1990 Industrial Relations Act. As a result, the committee considered that this statutory provision is not proportionate to the legitimate aim pursued and, accordingly, is not necessary in a democratic society, and held that Ireland was in violation of article 6.4 of the European Social Charter.

When somebody is held in violation of the social charter in a state like ours, the first step should be to consider how we can amend legislation to make us compliant but we heard earlier that is not the first step the Irish State has taken. Its first step was to consider how to take on that judgment in a different format on a technical issue.

The 15 member committee of experts also heard that the prohibition on the AGSI joining the Irish Congress of Trade Unions, ICTU, was a violation of article 5 of the charter. It went further and determined that Ireland is also in violation of article 6.2 of the charter on the grounds that it restricted access by police representative associations to pay negotiations.

Across Europe police forces already enjoy the rights sought by the AGSI without any negative outcomes for national security. In fact, it can be argued that some of the recent difficulties highlighted by whistleblowers across the State arose from the desire to keep the police separated from other groups. Other uniformed services such as prison officers are not denied the practice of their trade union rights, and An Garda Síochána members should not be denied that right.

While the ruling specifically refers to the situation of the Association of Garda Sergeants and Inspectors, it has implications for all ranks of An Garda Síochána and the four representative police associations. Sinn Féin calls on the Government to legislate for the changes required for this State to fully comply with the decision. If the State is not willing to do that, we will fully endorse what is contained in this legislation. It can be enhanced in committee in that if there are peculiar circumstances, we can debate them.

I commend Deputy McNamara for producing the Bill and facilitating this debate in the House. I hope the Minister will accede to our request to allow the Bill go to committee to enable us debate it further, strengthen the legislation and ensure it captures fully every point from that judgment thereby ensuring we are compliant in that respect.

We welcome also the inclusion in this Bill of the provision that facilitates the Defence Forces representative organisations joining the Irish Congress of Trade Unions and participating in collective bargaining. One in five members of the Defence Forces depend on State benefits to feed their families due to the effects of austerity and the deep pay cuts in recent years. PDFORRA, the organisation representing soldiers, sailors and the air crew of the Defence Forces, has revealed that about 1,300 of its 6,500 membership now qualify for family income supplement, FIS. That is an indictment of this Government and previous Governments, and is an issue that must be addressed quickly. One of the mechanisms to address it is through collective bargaining where the full effects and consequences of the pay cuts in regard to the increased tax take on public servants and other measures can be brought to the table. The dependence on the FIS indicates that those members are not receiving adequate pay levels to provide their families with a decent standard of living. In many cases they are living in poverty. It is unacceptable that PDFORRA cannot participate in negotiations with the Government to address that injustice alongside their colleagues in the other public service trade unions.

Sinn Féin also supports the amendments to the existing legislation that ensures that members of An Garda Síochána who have encountered financial difficulties, like so many other citizens over the years, can avail of options such as personal insolvency without having to declare to their superior officers and all and sundry that they are going through a traumatic time in terms of their financial difficulties. Like every other citizen they should be able to avail of the services and supports that are available to all citizens. We are supposed to be a Republic and citizens are supposed to be equal, so there should be equal rights to public services.

I commend Deputy McNamara for what is an important intervention. We appeal to the Government to support this Bill and allow it go to committee where we can thrash out the details. Following that, I hope it will endorse the intent and the effect of this legislation.

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