Dáil debates

Thursday, 7 November 2019

Ceisteanna Eile - Other Questions

Defence Forces Representative Organisations

11:20 am

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 5 and 10 together.

Section 2(3) of the Defence (Amendment) Act 1990 prohibits the Defence Forces representative associations from being associated with or affiliated to any trade union or any other body without the consent of the Minister. Members of the Permanent Defence Force also cannot become members of a trade union. To compensate for these limitations, a range of statutory redress mechanisms is available to serving members, including the redress of wrongs, an Ombudsman for the Defence Forces and a conciliation and arbitration scheme for members of the Defence Forces.

In 2017, the European Committee of Social Rights, in a non-binding ruling, upheld the prohibition of the right of military personnel to strike but concluded that Ireland was in violation of Article 5 of the European Social Charter on the grounds of the prohibition against military representative associations from joining national employee organisations and in respect of Article 6.2 of the charter regarding the right to bargain collectively.

It should be noted that the basis for this complaint predates a number of significant Government initiatives. With regard to collective bargaining, the Permanent Defence Force representative associations were afforded equal standing to other public sector trade unions and representative associations during the negotiations which led to the Public Service Stability Agreement 2018-2020. The findings of the European Committee of Social Rights were considered as part of an independent review of the conciliation and arbitration scheme for members of the Permanent Defence Force, which was completed last year. One of the recommendations from that review was that the official side should, with the consent of the Minister, engage in discussions with ICTU to explore the practicalities of a PDF representative association forming association or affiliation with ICTU, while giving due consideration to any likely conflict that might arise between such an arrangement and the obligations of military service.

Association with ICTU poses complex questions for the Defence Forces from a legal, operational and management perspective. I asked my officials to examine this matter further and defence management, both civil and military, has engaged in discussions with ICTU. Defence management has met the Permanent Defence Force representative associations, the Representative Association of Commissioned Officers and the Permanent Defence Force Other Ranks Representative Association to discuss this matter. I have also discussed the matter of ICTU affiliation or association with RACO and PDFORRA. I am aware of PDFORRA's long-standing desire to affiliate with ICTU. I am also aware that RACO has a conflicting position on this matter. The implications of possible association or affiliation are being carefully considered.

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