Michael Ahern (Cork East, Fianna Fail)

On behalf of the Minister of State, Deputy Fahey, I thank Senators for their contributions to the debate on the Bill, which I am pleased to conclude. The Bill amends and enhances the provisions of the Industrial Relations (Amendment) Act 2001. That Act was groundbreaking legislation in that for the first time it provided a dispute resolution mechanism in situations where collective bargaining arrangements were not in place. Given the innovative nature of the 2001 Act, the Government and social partners agreed in the Programme for Prosperity and Fairness that the Act and code of practice on voluntary dispute resolution which supports the 2001 legislation would be monitored during the course of the programme. The outcome of this monitoring process has resulted in the Bill before the House.

Like the 2001 Act, the Bill has emanated from an agreed approach by both the trade union and employer organisations to enhance the effectiveness of existing procedures for dealing with disputes where negotiating arrangements are not in place. I congratulate the trade union and employer organisation representatives involved in the negotiations on enhancing existing provisions.

The Bill will be supported by a new code of practice on voluntary dispute resolution and the code of practice on victimisation. The effect of the codes of practice essentially will be to enhance and strengthen existing procedures with a view to processing cases within a specific timeframe and to introduce a prohibition on victimisation of employees who are members of a union, managers discharging their managerial functions and other employees in the context of a dispute where the code of practice on voluntary dispute resolution has been invoked or where steps have been taken to invoke the code.

I welcome the general support for the Bill expressed by Senators on all sides of the House. Important points were raised during the debate and I wish to respond to a number of them. Senators raised issues in regard to the code of practice on victimisation. A new code of practice in this area has been prepared by the Labour Relations Commission following discussions with ICTU and IBEC. The purpose of the code is to outline for the guidance of employers, employees and trade unions the different types of practice which would constitute victimisation. I understand the new code of practice will be submitted shortly to the Minister of State, Deputy Fahey, for his consideration. As Senator McDowell pointed out, the prohibition on victimisation only comes into play in the context of the code of practice on voluntary dispute resolution having been invoked or where steps have been taken to invoke the code. This is in line with what was agreed in Sustaining Progress.

Senators O'Toole and McDowell raised the issue of trade union recognition. Our system of volunteerism is strongly supported by both workers and employers. While the legislation may not be as revolutionary as some would wish, it reflects consensus between the ICTU and IBEC. The Minister has deliberately refrained from introducing legislation that was opposed by either unions or employers. It is not Government policy to impose legislation in the industrial relations area where parties are prepared to work together towards achieving progress.

Senator McDowell asked whether there would be a change for immigrant workers in holding work permits. I will raise this matter with the Minister of State, Deputy Fahey.

In conjunction with codes of practice, this legislation will result in more effective and efficient procedures in the dispute resolution arena. It will also contribute to greater stability in industrial relations. On the basis of the all-party support we have seen so far, I hope this Bill will be swiftly progressed through the House.