Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

The European Committee of Social Rights has considered a complaint submitted by EUROMIL, a European umbrella body for military associations, on behalf of PDFORRA, concerning the lack of certain rights for military representative associations in Ireland.

In a non-binding ruling, the committee has concluded that prohibiting military personnel from the right to strike was not in breach of the European Social Charter, but that the charter was breached by prohibiting the representative associations from affiliating with a national employee organisation, such as ICTU, and in respect of the right to bargain collectively.

The Government welcomes the conclusion of the European Committee of Social Rights that the prohibition on the right to strike for members of the Defence Forces is not a violation of the European Social Charter.

It should be noted that the complaint predates a number of significant Government initiatives. Regarding collective bargaining, the Government established an independent Public Service Pay Commission in 2016 to provide objective analysis and advice on the most appropriate pay levels for the public service, including the Defence Forces. The Permanent Defence Force representative associations took the opportunity afforded to them to make submissions to the commission. Following the publication of the report of the public service pay commission, the Government initiated negotiations on an extension to the Lansdowne Road agreement.

The Permanent Defence Force representative associations were subsequently invited to the negotiations on the agreement, which were held under the auspices of the Workplace Relations Commission. They were afforded equal standing with other public sector trade unions and representative associations during the negotiations.

I am happy to acknowledge once again that in mid-December, both PDFORRA and RACO accepted the terms of the Public Service Stability Agreement 2018-2020. This provides for increases in pay ranging from 6.2% to 7.4% over the lifetime of the agreement, with the focus on the lower paid.

Members of the Defence Forces have a range of parallel complaint and adjudication mechanisms in law to compensate for the limitations on their access to the normal industrial relations machinery which applies in wider society. This includes a redress of wrongs, a Defence Forces Ombudsman and a conciliation and arbitration scheme for members of the Permanent Defence Force.

The conciliation and arbitration scheme, since its inception in the early 1990s, has provided the framework to progress many successful negotiated agreements between Defence Forces management and the PDF representative associations. However, there have been many changes in the industrial relations landscape in the intervening period. In this regard I have initiated a fundamental review of the scheme to ensure that it remains efficient and effective for all parties. I have appointed Mr. Gerard Barry to conduct the review. While the focus of the review will be primarily on the operation of the Permanent Defence Force conciliation and arbitration scheme, on my instruction the terms of reference of the review require that the findings of the European Committee of Social Rights are considered as part of that process.

It is critical that the Defence Forces are fully operational at all times. The taking of any form of industrial action is irreconcilable with military service. The right to affiliate with ICTU poses complex questions for the Defence Forces from a legal, operational and management perspective.

In accordance with the Defence Acts 1954 to 2015, military personnel are subject to military law at all times. By association with a trade union or similar body, such as the Irish Congress of Trade Unions, members of the Defence Forces would have to comply with certain obligations and rules of that body. This could have implications having regard to the roles assigned to the Defence Forces.

The Defence Forces have in the past and may again in the future, be called on by the Government to contribute to maintaining vital services. Serious difficulties and conflict of interest for Defence Forces personnel would arise if the Government were to direct the Defence Forces to undertake a task to ensure the maintenance of essential services in an area where the trade union umbrella organisation has authorised any form of industrial action.

It would be unfortunate for any question to arise over the authority of the Government to require military personnel to serve in such circumstances and to observe the commands given by their military superiors.

The findings of the Report of the European Committee of Social Rights are receiving consideration. There are a number of stakeholders involved who will also have input to the review of the PDF conciliation and arbitration scheme. It would not be appropriate at this stage to pre-empt any conclusions arising from the review.

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