Dáil debates

Thursday, 30 March 2017

Ceisteanna - Questions - Priority Questions

Workplace Relations Commission

3:25 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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3. To ask the Minister for Justice and Equality her views on the inclusion of the Garda representative organisations in the working group that is examining industrial relations structures for An Garda Síochána; and if she will make a statement on the matter. [15902/17]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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This is also a question about An Garda Síochána, which is probably no surprise, but it is in respect of a different area. As the Tánaiste is aware, some months ago we came very close to a Garda strike which would have been unprecedented in the history of the State. The Tánaiste and the Government agreed to consider mechanisms whereby the Garda representative associations would have access to the industrial relations mechanism of the State. I note the Tánaiste has set up a working group to consider this issue. Has any consideration been given to, or what is the Tánaiste's opinion of, whether members of the representative associations should be involved in that working group?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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This working group has been established to consider the technical legislative changes required to provide the Garda associations with access to the Workplace Relations Commission and the Labour Court. This will involve consideration of a number of important and complex issues. The group brings together officials from the Departments and bodies with the relevant expertise and responsibility in these areas and Mr John Murphy, retired Secretary General in the Department of Jobs, Enterprise and Innovation is chairing the group.

I accept that the Garda associations have a very significant interest in the work being done here. I am certainly not excluding them from this process. In the past few weeks, I have met the Garda associations and had detailed discussions with them on these matters. The working group is to report to me with proposals to amend existing legislation. I want the working group to take an initial view on these complex and technical issues. I want them to consult with all interested parties. I have made arrangements for them to meet with all representative associations in a timely manner. I have made that very clear to the associations and to the chair of the working group. Some of those meetings have taken place and there are more to come. The initial consultations with the Garda associations took place on 16 March. A consultation paper setting out options in respect of the key issues under consideration will shortly circulate to the associations. There will be further consultations and very close contact with the associations.

How this issue is dealt with is of vital interest to the associations, the Government and society. The associations are certainly not being excluded from the process.

3:35 pm

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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This is a very important issue. It involves very complicated factors such as whether gardaí would have a right to strike. At present, they do not have that right. I am not suggesting that the Garda Representative Association, GRA, or the Association of Garda Sergeants and Inspectors, AGSI, should have a veto on proposed legislation. However, it is important, if we are setting up a working group to put forward proposals as to what nature of contact Garda associations will have with the industrial relations mechanism, that the working group is aware from the outset whether it has the approval of the associations or what involvement or interest the associations have in respect of it. It would be beneficial if the working group could include members of the representative associations so that their views are heard. I am not suggesting that the associations should be given some form of a monopoly or veto. If we are going to have fundamental changes in the law in respect of gardaí, it would be beneficial to hear whether they find the changes acceptable.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There is very close involvement. I encourage the associations to have very close involvement with the consultation process. I will ensure that the associations are integrated into the second phase of the working group, which concerns industrial relations in An Garda Síochána. I have asked officials in the Department to liaise with the chair of the working group and the associations to explore how this can be done. The focus is currently on the legislation. We need to get the technical work done. It should be completed shortly. The intention is to complete it by May. The associations will be fully integrated into the process. I am figuring out the mechanisms for doing that. I want ongoing consultation. This will only work if there is full consultation with the people that this issue affects the most, namely, serving members of An Garda Síochána.

As Deputy O'Callaghan has said on a number of occasions, there is huge societal interest in how we deal with the issue of whether An Garda Síochána have the right to strike. We are discussing access for gardaí to the Workplace Relations Commission and the Labour Court. There are very detailed discussions ahead.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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I welcome that the Tánaiste has indicated that the representative associations will be integrated into the second phase of the process. It is important that their views are heard. The industrial dispute a number of months ago damaged An Garda Síochána in the eyes of the public. The prospect that members of An Garda Síochána would not be available to protect the public was regarded as a very dangerous step. That it was such a shock to the public was indicative of the reliance that the public have upon An Garda Síochána. I want to acknowledge, as I have previously, that the Garda is going through a difficult time at present. It is important to emphasise that, notwithstanding the dent in public confidence in the Garda as a result of recent events, most Irish people, when they have interaction with An Garda Síochána, have a positive experience. We must ensure that we enhance and promote the credibility of An Garda Síochána. Deputies know that most members of An Garda Síochána seek to do their best. The process of getting industrial relations right is part of ensuring that gardaí recognise the important role they have in Irish society.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I welcome what Deputy O'Callaghan has said about the importance of rebuilding confidence in An Garda Síochána. We have to take what happened extremely seriously and put all the resources we can into ensuring that oversight is stronger and that public confidence is restored. More transparency within An Garda Síochána is one of the ways forward. Government has a role in terms of providing resources and supporting that work.

The issues raised in the Deputy's question are of huge societal importance. Recent events, in particular the threat of Garda strike action, go to the core of the safety of Irish citizens. These are issues which the relevant committees, including the Joint Committee on Justice and Equality, and the House should consider. There will be an opportunity to do that as the relevant legislation is being prepared. We should look for submissions from other parties. Pre-legislative scrutiny of this legislation will be critical.