Dáil debates

Thursday, 18 October 2018

Industrial Relations (Amendment) Bill 2018: Second Stage

 

3:35 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour) | Oireachtas source

I also welcome the legislation. While the Labour Party will support the Bill, I also believe it could have gone further. I refer to the EuroCOP v. Ireland ruling which, as we understand, recommended full trade union rights for the Garda Síochána in Ireland and in other parts of Europe as well. While it is welcome that members of the Garda will have access to the WRC and the Labour Court, the aspiration is for them to have full trade union rights. There is an issue around gardaí going on strike but a mechanism could be found to circumscribe that right in some way to enable them to perform the very important duties they have while also having the full right to be in a trade union. It would not be beyond the powers of Government to figure out a way to do that. I am disappointed, therefore, that the Bill has not gone as far as it could have gone or as far as some of the Garda associations would have liked. Nevertheless, it is progress and we should welcome it. I hope it will give members of An Garda Síochána the opportunity to be able to exercise rights in a way they have not been able to do previously.

One of the issues that arose, and it was referred to in the contribution by the Minister of State, Deputy Breen, is that as well as members of the Garda having a role in law enforcement, they also have a role in State security. That is probably one of the impediments to giving them fuller rights. However, we have argued previously in a different context that we should separate the functions of State security and law enforcement, as is the case in many other jurisdictions. That issue should be examined as part of the reform of An Garda Síochána. While it is not a matter for debate today, it should be examined.

All of us appreciate the importance of the role of An Garda Síochána. Despite the many debates in the House about various issues connected with the Garda, there is a great deal of respect for gardaí. People very much appreciate the fact that, by and large, they are unarmed and that they perform a duty in all our communities that is very much respected and regarded by people throughout the country. The fact that, until now, gardaí have not enjoyed the same rights as other workers has caused a great deal of disquiet. This applies also to the Defence Forces, as previous speakers noted, although I acknowledge we are dealing with the Garda Síochána in this debate. I hope this Bill will go some way towards addressing the issues of concern.

I ask specifically about some of the content of the Minister of State's contribution on the working group convened under the independent chair to examine the industrial relations issues in An Garda Síochána. That process is ongoing and the Minister of State indicated the working group is currently analysing, in conjunction with the Garda associations, the detailed operation of the industrial relations processes within An Garda Síochána. He noted also that only the more serious, complex cases are referred to the State's industrial relations bodies for a determination, as is the norm in many workplaces. We need more information on what exactly this, as it were, pre-industrial relations process within An Garda Síochána is likely to be and how much progress the working group has made.

I would like more information on that, either in the Minister of State's response today or as we move through the later stages of the debate. We need clarity in all of this. All of the processes must be very clear to members of the force and members of the public. I hope that all of these issues will be teased out as the Bill progresses.

Generally speaking I welcome this Bill. While it is fairly simple and short, there are many broader issues around it that will continue to be debated. I hope we will have the opportunity to tease them out further as we move on with the Bill. The Labour Party welcomes its publication today and will support the Bill on Second Stage.

Comments

No comments

Log in or join to post a public comment.