Brendan Howlin (Wexford, Labour) | Oireachtas source

It is quite clear. The great advance the Tánaiste has included in the Bill is as follows:

(3A) 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 [this is the catch.] in such cases and in such manner and subject to such conditions or restrictions as he or she may specify.

I do not know of any arrangement that allows one to be involved in a trade union in such conditions and in such manner as the employer may specify. That is well and good but the next subsection is even worse: "The Minister may, subject to subsection (3C), by notice in writing vary or withdraw an authorisation under subsection (3A)." It is a very limited give, and it is under the pressure of litigation and what might come from European action. I am asking not simply that the prohibition on association be removed; I am also asking that the really prohibitive restrictions and the capacity of the Minister to withdraw the right be taken out as well. A different Minister sitting in the current Minister’s seat could, for any reason that he or she may determine, withdraw the right we are now talking about. We are talking about future Ministers, not the current one. Such a Minister could be capricious and would have the power to withdraw the right. The Tánaiste stated that there will be rights of representation. Where? What appeal mechanism does an association have if a Minister says he is invoking the section of the legislation in question and withdrawing its right, giving notice in writing and seven days for implementation?

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