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Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Fanciful as it is to speak in a rhetorical fashion as if we were back in 1913, we simply are not.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: We are in 2005. There was no deal done by the Department of Enterprise, Trade and Employment or any other in the reflagging or redundancy package of the MV Normandy. It was done in the context of the Redundancy Payments Act and the information available.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: The legal position is that no precedent has been set.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: I will refer Deputy Gregory's question on private security firms' access to tear gas to the Minister for Justice, Equality and Law Reform. Irish Ferries has withdrawn its security staff from the vessels. Any investigation is a matter for the Garda, if a complaint has been made. Has Deputy Broughan made a formal complaint to the Garda?

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Then it is a matter for the Garda.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: I welcome the opportunity to address the dispute at Irish Ferries: an issue which has such significant impacts for the travelling public, the workers in Irish Ferries and their families, Irish Ferries itself, exporters, importers, hauliers and many more people. It also has the potential to impact on the whole industrial relations environment, on the prospects for continued social partnership...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: That is why I am satisfied that we have a realistic minimum wage here. The potential to re-flag in the maritime sector would appear to put the employment of seafarers beyond the minimum wage regime here. Therefore, directly comparable situations do not arise in other types of employment. However, there are issues arising from recent events which we all need to consider, including the...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: I understand the Taoiseach has already made clear to the Deputy that he was aware on the weekend before last that within trade union circles, it was expected the company would proceed in the immediate future to begin implementation of its plan. Last week's action was clearly planned in a careful and covert way and we can therefore assume it was planned long before any remarks made by the...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: ——is fanciful in the extreme and clearly politically mischievous.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: The Government wants to do its best to protect Irish workers and does not seek to make party political capital out of this saga. I hope the Deputy and others, on further reflection, apply the same standard. I will set the context for the Taoiseach's remarks. They referred to the fact that, in the unique circumstances of the law relating to the marine sector, it would not be possible to...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: That continues to be the position.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: The legal position is clear.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Any undertaking that seeks to exercise its right of establishment under European law in another member state cannot be prevented from so doing.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: The State cannot hinder the exercise of that right.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Otherwise, it would be in breach of its duties——

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Deputy Rabbitte should allow me to make my contribution to the House. He, or one of his colleagues will have an opportunity to speak, as other Members have done.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Otherwise, it would be in breach of its duties under the Treaty of the European Community. Once Irish Ferries satisfies the Minister that its proposed re-flagging in Cyprus is on foot of its right of establishment, the State cannot prevent the re-flagging. That is the stark reality. Pending that re-flagging approval, Irish employment laws will continue to be enforced and at all times Irish...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: —— wherever they are flagged.

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: However, once the vessels re-flag in Cyprus it is clear, as a matter of international law, as reflected in the United Nations Convention on the Law of the Sea, that the terms and conditions of the employed seafarers on such vessels is to be decided exclusively by the flag state, which in this case will be Cyprus. Moreover, it is crystal clear that the State cannot prevent a re-flagging that...

Adjournment of Dáil under Standing Order 31: Irish Ferries Dispute. (29 Nov 2005)

Micheál Martin: Once a right of establishment in accordance with European law is exercised, by definition, there would be a genuine link with the member state in which the vessel is re-flagged. Hence the Labour Party's proposed Bill will not solve the problem. In fact, it will compound the situation by unfairly raising expectations of a legislative solution.

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