Brendan Howlin (Wexford, Labour)
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I will call on the Deputies who tabled questions to the Minister for Transport regarding possible industrial action by air traffic controllers in the order in which they submitted their questions to the Ceann Comhairle's office.

Noel Dempsey (Meath West, Fianna Fail)
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The potential strike by air traffic controllers, which has been notified by IMPACT to the Irish Aviation Authority, arises in the context of an industrial relations dispute between the company and the trade union. I have no function in the matter. The Labour Court, which is the competent body for the settlement of industrial relations disputes, is to intervene in the matter next Monday, 25 February. As I have no function the question of my seeking a settlement as proposed by the Deputies does not arise.

I am very concerned about the potential impact of any strike action by air traffic controllers. As an island nation with a very open economy, we have a greater dependence on air transport than countries which have the benefit of surface transport access to neighbouring countries and major trading partners. This is the reason our aviation policy is focused on the development of new air transport services — a policy in which we have achieved great success. It is because of this success and the key supporting role that air transport plays in economic activity in Ireland that the consequences of strike action in any link in the air transport chain has a major negative impact and is to be avoided where possible.

Through the social partnership model we have worked hard to put in place an overarching framework to achieve industrial relations peace. The Labour Relations Commission and the Labour Court are on hand to provide mediation and arbitration services where required. It is very disappointing that a major strike action might be taken before these institutions have had a reasonable opportunity to bring about a settlement. A pay dispute under Towards 2016 between air traffic controllers and IAA management in respect of change over and above normal ongoing change was determined in the Labour Court in December 2007 with a recommendation for an additional 5% pay increase from 1 January 2006. Air traffic controllers had quantified their claim at 30%, at least.

Air traffic controllers at Dublin Airport commenced unofficial action on 16 January 2008 by withdrawing co-operation with an agreement relating to voluntary overtime to cover sick absences. The present overtime arrangement was agreed as part of an overall deal under Partnership 2000 in 2001 and involves air traffic controllers voluntarily doing overtime on their rest days when necessary to cover the absences of colleagues.

The principle of "crewing to workload" was established in the IAA with all staff groups under the Partnership 2000 agreement. In the case of air traffic controllers, it was agreed that traffic demand is the prime determinant in the deployment of staff resources. In July 2005 the Labour Court confirmed the "crewing to workload" principle. Air traffic controllers received a 17% pay rise under Partnership 2000 for flexibility and productivity.

Up until the Labour Court Recommendation in December 2007, there was no issue with the existing voluntary call-in overtime arrangement. No issue arose for example during the peak traffic periods occurring in summer and at Christmas 2007. It has never been necessary for the IAA to introduce traffic restrictions or delays to aircraft due to the non-participation of air traffic controllers in voluntary overtime until 16 January 2008.

Following the unofficial action on 16 January, there have been a number of further instances of such unofficial action at Dublin, Shannon and Cork. This unofficial action demonstrates that there has already been considerable inconvenience imposed on the travelling public. The IAA received official notification from the IMPACT trade union on 12 February that, following a ballot, air traffic controller members would take official industrial action. The industrial action notified to the IAA is as follows: an overtime ban to take effect from 26 February 2008; work stoppages to take effect from a date no earlier than 26 February 2008, with at least seven days' notice of the specific time and date of a stoppage; and details of a work to rule are to be specified in the near future.

Following the commencement of unofficial action by air traffic controllers at Dublin Airport on 16 January 2008, the IAA met IMPACT and air traffic controller representatives from Shannon, Cork and Dublin airports on 17 January. On 18 January, the IAA referred the matter to the Labour Relations Commission. Discussions between IAA management and staff representatives at the LRC took place on 23 January regarding rosters, the call-in overtime arrangement, assignment of air traffic controller experts, direct recruitment of qualified controllers, work-life balance policies, annual leave availability and project work. Further intensive discussions between the parties under the auspices of the LRC took place from 30 January to 1 February in Dublin and Cork and again on 7 February.

Unfortunately, the LRC process broke down on 19 February and the Labour Court is to deal with the matter on Monday 25 February. Following the intervention of the Labour Court, IMPACT confirmed that there will be a 24-hour work stoppage by air traffic controllers on Thursday, 28 February. The IAA has extensive safety contingency arrangements in place for the management of Irish airspace should the strike go ahead. En route airspace over Ireland will remain open with delegated airspaces reverting to oceanic status, that is without Irish air traffic controller input, so overflying traffic will not be affected. However, only emergency traffic will be accommodated at Irish airports and the strike will inevitably result in significant disruption to traffic to and from all State and regional airports.

My Department has been closely monitoring developments in the air traffic controller dispute since the unofficial action commenced. I am satisfied that IAA management is engaging in intensive negotiations with IMPACT and air traffic controllers with a view to resolving the dispute. I urge all of the parties to work together to minimise and preferably prevent disruption to the travelling public so that our airports can remain open in view of the importance of air connectivity to our country for both business and leisure purposes.

I hope both sides in this dispute can recognise the imperative of reaching agreement. I urge them to work constructively with the Labour Court next Monday with a view to resolving the matter and avoiding the potential disruption to travellers on Thursday of next week. The issues that need to be tackled have already been ventilated and it is difficult to see how the disrupting passengers will bring enlightenment to the process.

Tommy Broughan (Dublin North East, Labour)
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I thank the Leas-Cheann Comhairle and the Minister for allowing this Private Notice Question to be taken. Is it not the case that this dispute in a very critical part of Irish industry has been rumbling on for the best part of a year, particularly the past three or four months? Have the Ministers for Transport, and Enterprise, Trade and Employment and the Taoiseach not been very lethargic in seeking a resolution? Clearly if the strike proceeds next Thursday the damage to the economy would be very significant. I ask the Minister to quantify the extent of the likely disruption. We have had reports that the plans of approximately 80,000 passengers would be totally disrupted, involving perhaps 700 flights into and out of the country. People have to wait an agonising week to discover whether they can travel.

Air traffic control officers are one of the most important safety-critical workers in the country. In view of the Minister's answer is he taking the point of view that it is fair enough that air traffic controllers should be required to work overtime and on rest days in this of all jobs? We heard Michael O'Leary talking this morning as usual about the kinds of rewards workers earn which he presumably does not want them to have. However, is it now Government policy that in this critical safety role air traffic controllers should be required to work unlimited overtime on an ongoing basis? Is that acceptable given the critical profession in which these men and women work?

I understand there are 300 air traffic controllers at the moment, with the majority based at Shannon because approximately 300,000 or 400,000 flights that overfly the north Atlantic are protected and routed from there. Why have new staff not been recruited in recent years? Does the Minister approve of the IAA having a cap on staff numbers, which has led it in recent months to the need to scramble around to get alternative workers? From reading its annual report, I understand the Irish Aviation Authority is one of the most profitable if not the most profitable per worker of all State agencies. It recorded a turnover of €134 million in 2006 and after tax profits of €13 million in the same year. Is it not the case that it has funding to expand the number of air traffic controllers to ensure this critical function is carried out safely?

The Minister mentioned the LRC and the Labour Court meeting on Monday. On behalf of the travelling public and those who have made plans for Thursday, some involving onward connecting flights, I urge the Minister to ensure the dispute is brought to a successful conclusion in coming days and to ensure people do not have their travel plans and their lives messed up over this dispute.

Noel Dempsey (Meath West, Fianna Fail)
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I do not agree that the Irish Aviation Authority should impose unlimited overtime on air traffic controllers. It is not Government policy, nor should it be anybody else's policy, to sign up to agreements and not keep them. Commitments were made.

Tommy Broughan (Dublin North East, Labour)
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On a point of information——

Brendan Howlin (Wexford, Labour)
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The Deputy should let the Minister answer. I will come back to him.

Tommy Broughan (Dublin North East, Labour)
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They work an average of 51 hours and there is no contractual agreement on that.

Noel Dempsey (Meath West, Fianna Fail)
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People who sign up on a voluntary basis to agreements, particularly partnership agreements, should honour them. Both sides have accepted there is a need for extra staff. There is a difficulty with recruiting due to the time it takes to recruit people. That process has commenced and I would encourage it to be completed as quickly as possible. I do not agree with a policy of unlimited overtime. It is not being imposed. It is important people honour their commitments.

The process the Deputy talked about regarding this dispute that has being going on for the past 12 months went on for part of 2006 and finished at the end of December 2007. On 16 January 2008 unofficial action commenced without warning and that should not happen. It happened on the basis of new issues emerging that were not part of the previous dispute. We talk consistently about social partnership and I am supportive of the concept. It takes two to tango, or three or four in the case of social partnership, and I would not condone anybody on any side going outside the social partnership to put their case forward.

There is no question of safety standards being breached through the use of overtime in the IAA. Overtime is not compulsory and is done within safety guidelines and labour law. Although the IAA accepts it must move forward and provide extra air traffic controllers, it is adequately staffed based on agreed work practices. It has also agreed that more people need to come in so the use of overtime would be reduced. The sooner people begin to talk in the Labour Court to iron out some of the other difficulties that have arisen, the better. Putting consumers through the mental torment the Deputy mentioned over the next week as to whether they will be able to take their flights next Thursday is unnecessary and should not happen. The possible damage to the economy and the reputation of the country the Deputy outlined is out of proportion to the issues that need to be resolved, particularly the manner in which people are trying to resolve them.

Fergus O'Dowd (Louth, Fine Gael)
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In industrial relations does the buck not stop with the Government? As far back as 1992 did the then Labour Relations Commission not impose dispute procedures, including procedures in essential services, at the core of which was a no-strike clause in essential services? The relevant section reads "A specific undertaking in agreements that in the event of any of the parties deciding that an award, decision or recommendation was unsatisfactory, they will agree to resolve the issue without resorting to strike or other forms of industrial action." It then outlines how those processes should work. Is it not a failure of the Government that it has not put that process in place and that the partnership agreement, which is expensive for the country but has brought industrial peace, does not have at its heart a no-strike clause for essential services such as this one?

This country will suffer grievously. This affects not just those travelling on the day but the decision-makers who might be here talking about future investment in Ireland. They are entitled to get the services they have paid for and have a first-class, modern economy, which we have, and a no-strike clause in essential services. There will be an impact on the 80% of American-European flights that fly over Ireland. We have responsibility for 385 km of that distance. It will cost more for those airlines because they will have to change their flight patterns to take a longer route. It will have an impact.

Are there not 36 student air traffic controllers in training who will join the full-time air traffic controllers in 2009? A second class will follow shortly. I agree with the Minister that there is no staff shortage. The training is ongoing; it is a well paid job. The qualification for becoming an air traffic controller is an ordinary leaving certificate with a pass in maths and two honours. It is an interesting and rewarding career, although stressful. I agree with Deputy Broughan that people working in this job should be stress free. All overtime is voluntary; there is no compulsory overtime. Overtime amounts to an average of approximately one hour per air traffic controller per week. In the context of the damage this strike will do, it is imperative that labour and industrial relations work effectively and efficiently. However, without the core policy fact, a no-strike clause in essential transport services such as this, which the Government has failed to introduce, has the Government not failed in its duty?

Noel Dempsey (Meath West, Fianna Fail)
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I accept the Deputy's point, which Deputy Broughan also made, on the stresses on this job. It is an extremely onerous job which requires great concentration. Many lives are at stake and from that point of view it is stressful, I accept that. Any of us in this House or elsewhere would say we all have stresses in our jobs, but air traffic controllers have many lives in their hands at any one time. That is why the overtime agreement is voluntary, not compulsory. People do not have to do it, and when they do it, labour laws are respected. The Deputy's information on trainees is accurate.

Brendan Howlin (Wexford, Labour)
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Members might check their mobile telephones

Fergus O'Dowd (Louth, Fine Gael)
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Mine is turned off.

Noel Dempsey (Meath West, Fianna Fail)
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Trainees are going through. My original answer to the question stated that there is a long lead-in time particularly because of the training that must be put in place. There is no doubt an action such as this will have some impact on many flights. The reference I made was to American air space and the arrangements in place for that. This will have a major impact generally on air services to and from Ireland and a lesser impact on over flights, as I outlined. A strike will do great damage, as the Deputies observed, but so also will the uncertainty in the week leading up to it. That uncertainty will cause significant anxiety to many people and mean that planned journeys may have to be put on hold. I accept that fully and it is something that both sides should bear in mind.

Deputy O'Dowd referred to no-strike clauses for workers in essential services. That has not been implemented, to my knowledge, although the provision is there. I am not sure why it was never invoked, perhaps because we operate on a partnership basis. The trade unions, in particular, would argue that a partnership process negates the need for no-strike clauses because, instead of people being dismissed or strikes taking place, we work our way through the process. However, if people do not abide by the regulations or make full use of the machinery of the State and threaten strikes and walk outs, it is time for the Government to review and revise these arrangements.

Tommy Broughan (Dublin North East, Labour)
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Given the critical role of these workers, should it not have been a priority for the Minister to ensure the dispute did not reach this stage? We have been aware of the background noise and the complaints in recent months. I looked briefly at the Irish Aviation Authority's corporate safety strategy. It is a fine document in which safety is mentioned in almost every line. There is no contractual requirement for air traffic control officers to work overtime or on rest days. I understand they work some 51 hours per week but based on ad hoc arrangements.

The bottom line is that these workers fulfil a vital service. I do not agree with Deputy O'Dowd's comments on the leaving certificate. It is a fine qualification and we are working in some areas to ensure most children attain it. Air traffic controllers require a special talent to think quickly in difficult circumstances. I urge the Minister to ensure the strike does not go ahead next Thursday and that we achieve a resolution as quickly as possible.

Fergus O'Dowd (Louth, Fine Gael)
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To clarify, the requirement for the job is a leaving certificate. It is great that anybody can aspire to be an air traffic controller. What is required is not numerous degrees but a special skill, as Deputy Broughan observed. We too require a special skill to deal with industrial relations. I reiterate that there must be a no-strike clause for workers in essential services such as transport.

I accept the price we have paid for industrial peace and welcome the progress that has been made in this regard. However, we are less competitive now than ever before and have dropped 17 places in the competitiveness league in the past four to five years. Changes must be made to reverse this substantial drop. One of those changes is to ensure there are no more strikes such as the one we face next Thursday. There seems little concern for how it will affect the State and the public.

Noel Dempsey (Meath West, Fianna Fail)
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I have already responded to the point made by Deputy O'Dowd. On Deputy Broughan's point, I emphasise that the overtime arrangement is not an ad hoc one. People are not dragged out of bed to work 51 hours on the trot. As I understand, it is a specific arrangement that was agreed in principle under Partnership 2000. That principle was clearly established subsequent to that and is referred to as crewing to workload. This is what is now at issue but it was signed up to voluntarily by both sides.

The issues that have been ongoing for more than a year were dealt with and finalised through the correct procedures. I wish good luck to anybody who achieves what the air traffic controllers achieved through that process. They have been well served by the labour relations machinery of the State. They should remain within that system instead of threatening strikes.