Brendan Howlin (Wexford, Labour) | Oireachtas source

The Tánaiste is not correct in saying that if my amendment were accepted, it would debar the association of the representative bodies with ICTU. What I am proposing is the deletion of a swath of the restrictions he has included and the substitution of "by the deletion of subsection (3) [of the principal Act]". My concern is only that it is overly prescriptive if management, that is, the Minister for Defence, can terminate the right to association simply by writing a letter. Again, as in all legislation, we are not just talking about the current Minister but about whomever might follow. The latter would have the right to terminate an agreement simply by writing a letter. I do not believe that is appropriate.

In essence, while I am in favour of deleting any provision prohibiting bodies from affiliating with ICTU, I propose to delete the restrictions that are being attached in this regard. The Tánaiste's argument is that there have been negotiations on foot of litigation and that we are great for having come so far, but there are now rights accruing to every worker, including military workers, under the European Court of Human Rights and EU law. We need to be as progressive as we can be in legislation and not pat ourselves on the back and say it is great that we allow association with ICTU. I have been involved in pay negotiations and believe this is important. It is not acceptable that a right we now all accept is important and should be enshrined in law can be terminated by the stroke of the pen of the Minister or any of his successors.

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