Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

We are affirming the right to representation; there is no going back on that. What we are talking about is an advance on the position that obtained prior to the introduction of this legislation. The purpose of this legislation is to put on a statutory basis defence representative associations’ right of association with ICTU. I anticipate that will advance even further in years to come. There is now a fairly elaborate framework for engagement between the Minister, the Department and the defence representative bodies, PDFORRA and RACO, in the context of conciliation, arbitration, direct discussions and meetings. We attend their conferences. There is no agenda to reduce or undermine this arrangement in any shape or form. There was a debate and discussion regarding certain positions concerning the military judge and prosecutor. We have resolved the issue. We removed the relevant measures or did not proceed with them. We did so even before the Bill was introduced because there was a lot of discussion on the matter during pre-legislative scrutiny and so on. I am not sure the Deputy’s amendment is required. We have received no further representation with respect to any other posts, so the proposal is superfluous.

On Deputy Howlin’s argument, my view is that legislation has to be complete in terms of clarity. It is arguable that the provision allows for a process that I do not envisage Ministers engaging in, except for some exceptional reason. If they did engage in it, there would have to be rights for the organisations and representative bodies to counteract it or to make representations as to why it should not happen. That is all the section does.

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