Pat Breen (Clare, Fine Gael) | Oireachtas source

I will deal briefly with some of the comments made.

I thank Deputies Billy Kelleher, Aengus Ó Snodaigh, Louise O'Reilly and Thomas P. Broughan for their participation in and comments during the debate, to which I have listened attentively. Some of the issues raised will be dealt with on Committee Stage.

Deputy Aengus Ó Snodaigh referred to the Defence Forces. The Department of Defence was an active participant in the working group which led to the development of the Bill. There are internal industrial relations procedures in that Department, all of which are under review. I refer the Deputy to the recent report produced by Mr. Gerard Barry who attended the conciliation council for PDFORRA. The report is under consideration by the Defence Forces and the review is ongoing. We should let the Defence Forces continue with their internal procedures. The fact that they were part of the working group should be noted and that they know what has happened here.

Deputy Louise O'Reilly raised the question as to whether the legislation allowed gardaí go on strike. The answer is "No". In Ireland there is no general right for any worker to strike, but trade unions are protected from the consequences of deciding to take strike action in certain circumstances. The Trade Union Acts 1871 to 1990 regulate the rules for trade unions and provide for a system of registration of trade unions. In return, trade unions are protected from prosecution for economic torts through the Industrial Relations Act which confers immunity on workers and their representatives if they are acting in contemplation or the furtherance of trade disputes. Any industrial action must be lawful and several preconditions must be met, including that immunities only apply to members and officials of authorised trade unions. If the dispute relates to an industrial worker, any agreed procedure in the workplace, or procedure normally availed of by custom and practice, must be availed of first. If the industrial action or strike is to be supported by a trade union, a secret ballot must be held first. I assure the Deputy that it remains the position that the trade union Acts do not apply to gardaí and that members of the Garda Representative Association are excluded from the protections under the Industrial Relations Acts for persons engaged in industrial actions.

The WRC was mentioned by a number of speakers. I secured extra funding for it in the budget for next year and some of that money will go towards improving premises for the WRC across the country. It is important that it have premises of which people can avail and that people know that they can take their issues to it.

Some of the Deputies present might have attended recent events such as the national ploughing championships and the Tullamore show, at which the WRC had prominent stands for the public to see what it did. Some of the money will be spent for that purpose.

The WRC will also be putting funds into increasing adjudication numbers. I am happy, therefore, to have secured the extra funding in the budget for next year.

The Committee on Social Rights found, in the case of the European Confederation of Police (EuroCOP) v. Ireland, that the Garda associations could represent their members. On that count Ireland was not found to be in breach, but it was found to be in breach by not allowing gardaí to access the industrial relations machinery of the State. The Bill will rectify that position, which is why it is before the House.

Members of the Garda associations are full members of the working group which is examining the internal Garda dispute procedures. The second phase of the work of the working group is expected to conclude some time next year.

I look forward to working with all of the Deputies and thank them for their interest in the Bill. It is short but important legislation. The reason for it was outlined in my initial contribution. We do not want a repeat of the situation a few years ago when gardaí threatened to go on strike. I look forward to working with all of the Deputies on Committee Stage. Some of them will have amendments to propose which we will go through. Their support for the Bill is important. We will look at other issues on Committee Stage.

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