Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

Under the terms of the Defence (Amendment) Act 1990, the Defence Forces representative associations are prohibited from being associated with or affiliated to any trade unions or any other body without the consent of the Minister. Accordingly, the representative association PDFORRA cannot be affiliated to ICTU at present. The basis for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act 1990 to members of the Defence Forces. The taking of any form of industrial action is irreconcilable with military service. This is a long-standing policy position taken by respective Governments since the foundation of the State. The Defence Forces may be called on to contribute to maintaining vital services in times of industrial action. The potential for serious difficulties and conflicts could arise in these circumstances if the Defence Forces representative associations were associated with or affiliated to ICTU, given ICTU rules in relation to such matters.

However, a number of mechanisms have been put in place through the Defence Forces conciliation and arbitration scheme, which provides the representative associations with structures and processes to enable them to make representations and negotiate on behalf of their members. In addition, a framework exists which facilitates the associations engaging with the official side in talks parallel to those taking place between ICTU and the official side at national level. This parallel process was successfully operated in respect of last year's rounds of discussions, facilitated by the Labour Relations Commission, on an extension to the public service agreement 2010–2014, leading to the Haddington Road agreement. I remain satisfied with the present arrangements in place and have no plans to make any changes.

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