Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Trade unions have shaped the modern world. They have brought us weekends, paid leave and protections of all kinds. They did so through the struggle and toil of thousands, including in this country. It is not the case that the trade union movement in Ireland or anywhere else is beyond criticism, but the fact remains that, anywhere one cares to look, strong trade unions and a high percentage of workers in them mean better pay, better conditions, more security and better standards. That is an objective fact, not only across the developed world, but everywhere. I urge people to join a union. Unions are undoubtedly imperfect and people may have frustrations with them, but a union offers protections and the chance of advancement along with fellow workers. There is power in a union. Of that there is no question.

Every country has its own labour history. At the heart of ours is the fundamental point of the right to join a union in and of itself and to be represented by same. Some 107 years ago, the Irish Transport and General Workers' Union, ITGWU, took to the streets of Dublin in opposition to Mr. William Martin Murphy's locking union workers out and his attempt to blacklist them on the basis of not recognising them. It is ironic that when Larkin is now revered as a hero of Irish trade unionism, it is still acceptable and legal to ignore and not recognise a union chosen by workers to represent them and instead to negotiate only with associations that employers have set up themselves. These associations are basically yellow-pack unions. People might dispute that, but it is often the case. When any legislation establishing a structure is before the House, the question arises of whether the structure is truly independent and who appoints it. If a structure is set up by an employer, how can we be confident that it has the ability to oppose an employer independently and powerfully when the employer is choosing a course that is not favourable or fair to the workers? Employers' associations are all well and good, but let us not kid ourselves. They are not trade unions or anything like them, and they are not capable of representing workers the way that unions are.

If an employer is engaging in collective bargaining, it should be obliged to engage with a legislatively recognised trade union with a permit for negotiating. There is no logical reason for an employer to be unable to do so, nor is there a good constitutional reason.

As matters stand, an employer can lock the gate against a rightly and legally constituted union in favour of its own structure. Our infrastructure for the enforcement of labour law is feeble. There have been issues with many employers down the years. I salute the workers in Ryanair who, over the course of many years, broke down its resistance to trade union recognition. That was a significant advancement and put workers in Ryanair in a much better position to fight for their rights. Many other employers in the retail, hospitality and financial sectors recognise staff associations but will not negotiate with trade unions. That is not good enough.

Under the Bill, the right of a trade union to represent its members for the purpose of collective bargaining shall be recognised by an employer, and where a worker declares that he or she wants a union to negotiate pay on his or her behalf, the employer will have to accept that decision and get on with the negotiations. It is perfectly reasonable.

There is also an obligation on the State. For example, the HSE is refusing to recognise the National Ambulance Service Representative Association branch of the Psychiatric Nurses Association of Ireland. This is based on the ludicrous argument that it is not a member of ICTU. That is the branch's right and entitlement, but it has a valid negotiating licence. There is no good reason that the HSE cannot negotiate with the union that workers, including ambulance drivers, paramedics and related staff, want to represent them. This situation needs to be addressed, as there is no good reason for the HSE to adopt such a position.

The Minister of State's objections do not stand up to much scrutiny. There is no constitutional or logical obstacle to the Bill. If an employer is happy to engage in collective bargaining, then why can it not be with a union, an organisation that is truly independent? Why should a union be excluded?

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