Richard Bruton (Dublin North Central, Fine Gael)
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Question 1: To ask the Minister for Finance his views on the implications of the Labour Court ruling that the FÁS management move to confine promotions in head office only to those willing to decentralise is in breach of existing agreements and in conflict with the voluntary nature of the decentralisation programme; and the options he plans to make available for staff in State agencies who exercise their voluntary option to remain in Dublin. [12756/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
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Both the Government and I have made it clear that participation in the decentralisation programme is voluntary. From the outset guarantees have been provided at Government level that all those employees not wishing to transfer out of Dublin will be facilitated with an alternative public service post in Dublin. That position has not changed.

In the Civil Service, progress has been made in discussions with the general service unions on issues relating to transfer protocols, promotions and arrangements for staff remaining in Dublin. Discussions are ongoing on these issues with the unions representing the professional and technical grades in the Civil Service. I am hopeful these and other decentralisation issues arising in the State agency sector can be discussed with the relevant unions with a view to arriving at arrangements which support the decentralisation process while also meeting the concerns of staff.

Turning now to the issues arising in FÁS, I think it would be helpful at the outset to refer specifically to the Labour Court ruling. In its recent recommendation in a dispute between SIPTU and FÁS concerning decentralisation and FÁS contracts of employment, the Labour Court considered the written and oral submissions of the parties. The court also noted the terms of the company-union industrial relations procedures agreement and said that it was of the opinion that FÁS was in breach of the consultation procedures provided for in that agreement. It made no ruling on the substantive issue of the relocation clause.

The court recommended that the matter be referred back to the appropriate central body, at which level the issues should be teased out with a view to arriving at agreed long-term solutions, in consultation with all the parties involved. I strongly support the full use of existing industrial relations structures by all the parties involved and believe that this represents the best way forward. I therefore encourage all the parties to the dispute to engage in central discussions as recommended by the Labour Court. It is only through dialogue that the issues raised can be addressed. On this issue, I understand that FÁS has accepted the Labour Court recommendation and is available for talks. I hope that SIPTU will also be agreeable to participate fully in talks to facilitate an early resolution of this dispute.

Richard Bruton (Dublin North Central, Fine Gael)
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In the context of FÁS, what specific offers are being made to staff who, in almost 99% of cases, wish to remain in Dublin? What is the offer on the table in terms of the options for those who clearly wish to stay in Dublin? What negotiations are ongoing between the Department of Finance and SIPTU, which represents the vast majority of the workers involved, with a view to trying to find a resolution? What are the meaningful elements of that discussion in that this is a voluntary scheme and those who have expressed a wish to decentralise are in a tiny minority?

FÁS has moved against procedures by seeking to impose a condition that all promotions are conditional on staff being willing to move to the decentralised location. Does the Minister agree that he is in breach of all the elements of voluntarism that were to be involved in this process and that he is offering the workers concerned no alternative? As this also appears to be a feature of many other State agencies this case is a crucial one.

Industrial action has been approved by the workers concerned and the date for that action is fast approaching. What initiative does the Minister intend to take to try to resolve this matter?

Brian Cowen (Laois-Offaly, Fianna Fail)
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Regarding the policy on promotions, an agreement has been reached in the Civil Service with the general service unions in regard to the inclusion of a decentralisation condition in a proportion of promotions. Discussions are ongoing with the professional and technical staff in the Civil Service on this issue. In the State agency sector promotions must take account of the reality of decentralisation. In the absence of agreement with staff interests on the issue, management and the boards have responsibility to use available opportunities to progress Government policy on decentralisation.

Regarding the specific options that will be made available to staff remaining in Dublin, it is these issues that we wish to discuss with the staff interests in State agencies. We do not have a tradition of inter-organisational mobility within the State agency group. Progress on this issue will require the engagement of all the unions involved to arrive at an appropriate set of arrangements. The decentralisation implementation group, DIG, stated that it is precisely this type of ground-breaking initiative that is needed to give impetus to the implementation of the programme at State agency level.

However, in the normal course of events, vacancies in Dublin-based posts will continue to arise over the full transition phase of the programme due to retirements, resignations, promotions etc. I have already referred to the initiation of arrangements in the Civil Service for staff who wish to remain in Dublin. The primary mechanism for placing civil servants who are in posts which are due to decentralise but who wish to remain in Dublin is by way of bilateral transfer. As Civil Service staff who have applied to decentralise continue to be transferred into decentralising organisations, the posts they vacate become available to those wishing to remain in Dublin. At present, in excess of 1,200 staff have been assigned to decentralising posts.

In addition, my Department has been in discussions with the Civil Service unions on further arrangements to facilitate the placement of Dublin-based staff. The objective of these arrangements is to provide to the Public Appointments Service details of staff who wish to remain in Dublin at each grade level so that a proportion of vacancies arising in Dublin-based posts may be filled by those staff. These arrangements have been recently initiated for general service grades.

In regard to the specifics of the dispute, the result of the Labour Court ruling was that FÁS did not abide by the consultation clause and that it must do so. The court did not deal with the substance of the relocation clause, as such, and there is a need for discussion on these matters with the State agencies union representatives. The DIG has suggested there is a need for a ground-breaking initiative in that area.

Richard Bruton (Dublin North Central, Fine Gael)
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The Minister is ignoring the issue. Nothing he said addressed it. He has not suggested meeting SIPTU, for example, in respect of FÁS, although I read in the local newspapers that the Minister of State, Deputy Parlon, stated he would love to meet SIPTU to deal with FÁS. There is nothing on the table for FÁS workers in this industrial dispute. In any industrial dispute there must be some offer from the other side so meaningful discussions can take place, but there is nothing on the table from the Minister's side.

Will the Minister agree to park the provocative system of promotion under these rules that are deemed inappropriate by the Labour Court and will he, as the political head of this decentralisation process, sit down with the representatives of all the State agencies and trash out something that is workable for them all? What is happening now is unacceptable. The Minister is forcing people to move to strike action simply because the Government has not thought through what it has to offer to them.

Brian Cowen (Laois-Offaly, Fianna Fail)
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That is not correct. As I outlined to the Deputy, the Labour Court finding notes the terms of the company-union procedures agreement and stated that it was its opinion that FÁS was in breach of the consultation procedures provided for the agreement and it made no ruling on the substantive issue of the relocation clause. The Labour Court recommended that the matter be referred back to the appropriate central body at which level the issues should be teased out with a view to arriving at an agreed long-term solution in consultation with all the parties involved. I am saying that FÁS management——

Richard Bruton (Dublin North Central, Fine Gael)
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Government is the central body that will say what is going to happen.

Rory O'Hanlon (Cavan-Monaghan, Ceann Comhairle)
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The Deputy should allow the Minister to speak without interruption. We have gone over time on this question.

Brian Cowen (Laois-Offaly, Fianna Fail)
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Yes, and both the Department, in terms of the public service, and the Department of Enterprise, Trade and Employment officials who deal with personnel matters are available on the basis of being able to get everyone around the table. FÁS management is available to discuss it, as the Labour Court ruling suggested it should, and we hope that SIPTU will also come to the table on that basis.