Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 10:

In page 27, to delete lines 10 to 38, and in page 28, to delete lines 1 and 2 and substitute the following:

“(ii) by the deletion of subsection (3).”.

These amendments deal with the prohibition by the Minister of certain actions by the recognised associations. Prima facie, they appear very draconian in the context of the restrictions that are there. Section 24(a)(iii)(3A) states:

The Minister may, notwithstanding subsection (3), authorise in writing an association to be associated with a trade union or any other body outside of the Defence Forces.

That is wonderful, but subsection (3B) states, "The Minister may, subject to subsection (3C), by notice in writing vary or withdraw an authorisation under subsection (3A)." Subsection (3C) states:

Where the Minister intends under subsection (3B) to vary or withdraw an authorisation, he or she shall give the association notice in writing of the proposed decision, stating the reasons.

It should not be the case, if the association has the right to associate itself with external bodies, including trade unions, that the employer, who is the Minister, has the right simply to vary the right of association with an external body and that this can come to pass simply by decree.

I ask the Tánaiste to reflect again on that. We discussed this on Committee Stage and his view then was that this is a huge step forward anyway and that we should be happy with incremental progress in all of these things. I would hope that in light of this level of authority remaining with the employer, the Tánaiste will consider the amendment. Can people imagine any other sphere of activity or any other workplace where the employer can determine the degree of contact or association the representative body of his or her employees can have with, for example, ICTU or any other entity? In that context, I hope the Tánaiste will accept the amendment in my name.

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