Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Ireland has a long history of trade unionism and the legislative framework supporting the operation of the trade union movement in the State has evolved over several decades in response to social and economic factors. Let me state from the outset that it is vital that trade unions are able to represent and take action in support of the interests of their members and that the laws of the State vindicate that right.

It has been the consistent policy of successive Irish Governments to support the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. Our industrial relations legislation offers robust protections to trade unions to allow them to go about their business of protecting workers rights. These include protection from tort regardless of any damage caused to an employer's business because of a trade dispute. Furthermore the code of practice on victimisation drawn up under the industrial relations legislation offers protection against victimisation arising from an employee's membership or non-membership of a trade union. This was further enhanced in 2015 to include an explicit prohibition on the use by employers of inducements, financial or otherwise, designed specifically to have staff forgo collective representation by a trade union.

We should acknowledge that our industrial relations structures are very successful. Hundreds of disputes are resolved each year by the Workplace Relations Commission and the Labour Court and many more are resolved by the parties themselves through dialogue. There is an extensive range of statutory provisions designed to back up this voluntary framework. The Industrial Relations (Amendment) Act 2012 provides for a revised framework for wage setting under the Joint Labour Committee framework.

The Industrial Relations (Amendment) Act 2015 significantly changed the existing industrial relations landscape in Ireland and it provides for a new statutory framework for establishing minimum rates of remuneration, pension and sick pay, to replace the former sectoral registered employment agreements. It also ensures that where an employer does not engage in collective bargaining, an effective framework now exists that allows a trade union to have the remuneration and terms and conditions of its members assessed against relevant comparators and determined in a binding way by the Labour Court.

The 2015 Act was the culmination of a process of in-depth consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004.

From my perspective, the most important concept to consider in this debate is that of balance. The 2015 legislation provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed in employments where collective bargaining does not take place and brings clarity and certainty for employers in terms of managing their workplaces in this respect. Of course the industrial relations structures of any jurisdiction must be fit for purpose. We cannot simply cut and paste what exists in another country and apply it here.

The Bill under discussion today has many flaws, particularly in relation to balance. The practical issues which would arise if this Bill were to be enacted are numerous and capable of creating many difficulties across our economy and in these respects it is unworkable.

The House may not be aware but there are currently 56 registered trade unions in Ireland. This Bill sets no limits on the number of trade unions that can seek access to a place of work. Granting statutory rights to enter premises is a very serious matter. Thus, potentially, an employer could have multiple unions and multiple trade union representatives seeking access to a place of employment. This applies even if the union does not have a single member in the employment. This may present an onerous burden for employers, regardless of whether they have one or a thousand employees.

The consent provisions outlined in this Bill effectively mean no consent is needed. The timelines are unworkable.

The Bill proposes that the only grounds under which an employer can deny access to a union representative is if it is certified by the Attorney General that access would prejudice the security of the State or the investigation or detection of offences. This is not a function the Office of the Attorney General can perform.

The Bill as presented also proposes that a union representative may enter a workplace to deal with matters concerning the health and safety of union members. Ireland has a competent and specialist Health and Safety Authority that includes an inspectorate warranted to enter premises. The Bill would cut across the statutory mandate of the Health and Safety Authority.

Furthermore, the Bill seeks to empower union representatives to monitor compliance with employment rights-related matters. Inspectors of the Workplace Relations Commission have strong powers to monitor and enforce a robust suite of employment and equality legislation and I cannot see how a statutory role for union representatives in this area could work.

I am open to considering any issues that arise in practice in terms of access and the potential for further developments regarding access that enhance our industrial relations landscape. I believe that this is a subject the Joint Committee for Jobs, Enterprise and Innovation might usefully consider for inclusion on its work programme should it so wish. I am sure that employer and worker representative bodies would be eager to contribute their own analyses and suggestions and I am sure many of my colleagues in the Chamber would welcome the opportunity to explore any potential developments, particularly where there is some common ground. I would welcome any conclusions or findings from such a process, if the committee were to decide to give the matter some consideration.

However, the flaws in the Bill are such that I cannot support it.

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