Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

In a non-binding ruling, the European Committee on Social Rights, ECSR, found in 2014 that current arrangements for industrial relations in An Garda Síochána are not in compliance with aspects of the European Social Charter. This was on the grounds of a prohibition on An Garda Síochána joining national employee organisations and on representative associations levels of access to national pay agreement discussions. Also, as part of this non-binding judgment, I am advised that the committee also found against the prohibition of the right of members of An Garda Síochána to strike.

Before I proceed further, the Deputy will appreciate that the implications of these non-binding findings are matter for the Tánaiste and Minister for Justice and Equality in the first instance.

In the light of these ECSR findings, a complaint to the Council of Europe about the lack of union rights for military representative associations in Ireland wasmade by EUROMIL, a European umbrella body for military associations, on behalf of PDFORRA. PDFORRA is similarly claiming most of the same violations of the European Social Charter as the Association of Garda Sergeants and Inspectors, AGSI, did, including denial of the right to join the ICTU, alleged restricted access to pay talks, and the prohibition on the right to strike.

I stress that this is a particularly difficult issue and raises complex questions for Ireland from a legal, operational and management perspective. In this context it is critically important that the Defence Forces are fully operational at all times, and it must be emphasised that the taking of any form of industrial action is irreconcilable with military service.

Detailed final submissions were lodged to the European Committee on Social Rights on 26 February 2016 setting out Ireland's position in the matter and we are now awaiting the outcome of the case. I am not in a position to comment any further pending the outcome of this case.

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