Dáil debates
Thursday, 16 February 2017
Other Questions
Industrial Relations
5:30 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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10. To ask the Minister for Justice and Equality her plans to allow Garda associations access to the industrial relations mechanisms of the State; and if new restrictions on members of An Garda Síochána going on strike or taking other forms of industrial action are to be brought forward. [7629/17]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I wish to ask the Tánaiste about her plans to allow Garda associations access to the industrial relations mechanisms of the State, and if new restrictions on members of An Garda Síochána going on strike will be introduced.
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Just a few days ago, in fact, I had a meeting with one of the Garda representative associations to discuss this important issue. The Government has made it clear that it is committed to introducing legislative change to give Garda associations the right of access to the Workplace Relations Commission and the Labour Court. We are certainly not resiling from that commitment, as I assured the Garda representatives when I met them.
In December last, I went to Government and got approval for drafting the heads of a Bill to achieve this objective. Many different issues fall to be considered in this context. These include the status of the Garda associations established under the Garda Síochána Acts and the related question of constraints on members taking industrial action.
To assist in the consideration of these, we have a new working group, which is chaired by Mr. John Murphy, the recently retired Secretary General of the Department of Jobs, Enterprise and Innovation. They will have responsibility for the legislation. My Department, the Department of Jobs, Enterprise and Innovation, the Department of the Taoiseach, the Department of Public Expenditure and Reform, Garda management and the Workplace Relations Commission are represented on the group. I have asked that group to meet at an early stage with the Garda associations, so that their submissions and views on this matter can be fully taken into account in the work that is going on. I want to have an effective structure to support harmonious industrial relations within An Garda Síochána and which are appropriate to the force.
There are many key issues and if the Deputy would like to make a submission to that group I would welcome it. They are complex issues, including the critical one of how An Garda Síochána interacts with our society and what kind of limits there may or may not be concerning them in future.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I am glad to know that the working group is up and running. It is important to consider how best members of An Garda Síochána can access industrial relations mechanisms. They should have that access. At the end of last year, we faced a difficult prospect for this country when strike action was threatened by a number of Garda associations. In fairness to them, they probably had to threaten that because they did not have access to the full industrial relations mechanism. However, it is a difficult and dangerous situation for the public if members of An Garda Síochána can go on strike.
I remain of the view that section 59 of the Garda Síochána Act precludes members of An Garda Síochána from going on strike. There was much debate at the time as to whether or not that was so. In light of any ambiguity that may exist in respect of section 59, does the Tánaiste propose to bring forward legislation to expressly outlaw strikes in An Garda Síochána?
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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This is an issue about which there was much concern and discussion given the events of last year. It is one of the many complex issues that will have to be considered carefully. It is critical that we have effective and robust mechanisms in place for industrial relations in An Garda Síochána. The question of a trade union is one of the key issues but there are a number of other issues we must consider. Trade union status gives rise not just to a series of protections for such organisations but also to a series of constraints. The task for the months ahead is to look carefully at what would be appropriate in a policing context. That is what the working group has been established to consider, given the changed status in regard to An Garda Síochána's access to the Workplace Relations Commission and to the Labour Court. I certainly want to have consultations. It is also a big societal issue; it is a broader issue than for An Garda Síochána alone. It is a crucial issue in terms of the safety and protection of our society.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I recognise and respect the right of workers to withdraw their labour and strike. However, when it comes to certain institutions and certain State employees there must be a question mark over that. I would certainly limit that to An Garda Síochána and judges. The former is responsible for the protection of the State, while the latter group is responsible for the administration of justice. This will all be considered in Mr. Murphy's report to which the Tánaiste has referred, particularly in respect of gardaí. It is important that the State adopts a position in respect of it. My understanding of the law at present is that gardaí cannot go on strike. If there is any ambiguity about that we need to bring it back to this House so that the elected representatives can make a decision on whether or not they wish to put specific laws in place to deal with the matter. I want to know when we can expect to have that report.
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The working group considering these matters is to report by 31 May. Receipt of that report will allow for the drafting of the heads of the Bill to be undertaken. We must have this legislation in place by the end of the year, so this might be something for the Joint Committee on Justice and Equality to consider. I totally agree with the Deputy that this is a topic for consideration by the entire House. We certainly need to get the views of everyone on it. It is a central issue. People were extraordinarily upset, understandably, at the prospect of that withdrawal of service. We saw how serious the situation was and the huge consequences that would have arisen if that had gone ahead. The working group will report by 31 May.
Bernard Durkan (Kildare North, Fine Gael)
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Question No. 11 is in the name of Deputy Jan O'Sullivan who is not present. We will move on to Question No. 12 in the name of Deputy Jim O'Callaghan.