Maurice Cummins (Fine Gael)

I move amendment No. 67:

In page 35, between lines 32 and 33, to insert the following subsection:

"(3) This section shall not apply to a trade union or representative body which has acted legitimately or in contemplation of a trade dispute.".

I have concerns regarding the broadness of this section. The Constitution recognises freedom of association and this section does not sit comfortably with that principle. While I recognise there are public policy considerations behind what the Minister is trying to achieve, this section does not strike the right balance.

The representative bodies should have the ability to flex their muscles when trying to get better conditions and salaries for their members. Gardaí are employees like any other employees and want the best possible conditions for themselves. To impose a statutory ban in the way proposed is inequitable. Will the Minister give us his view on this? The proposal seems to be a case of using a sledgehammer to crack a nut.