Joe O'Toole (Independent)

I note that the Garda Commissioner has written to the Garda representative bodies to say members of the force will break the law if they take strike action. I do not know about that and would like to have the matter clarified in the House. I do not know what law they would be breaking, but they might be in breach of secondary legislation. It seems the Constitution clearly states people have the right to withdraw labour, associate and use these rights as it suits them. The House should be aware that police officers in many European countries are members of trade unions or similar associations. One may consider it is a given that gardaí should not strike, but that is not the same as saying they do not have a constitutional right to strike. I do not know whether a specific prohibition is provided for in law, but it may be provided for in regulations. I question whether people can simply decide gardaí will be in breach of the law if they engage in industrial action. Therefore, certain constitutional issues need to be addressed.

It seems every person, including members of the Garda, has the right to withdraw his or her labour. The exercise of this right is guaranteed by the Constitution. I would like to debate this point with the Minister for Justice, Equality and Law Reform who has commented on the issue. I am not talking about whether gardaí might go on strike in the current circumstances, as that is not the issue for me. I am talking about a much broader issue. People are reinforcing the view that gardaí cannot strike without breaking the law. Everybody has a constitutional right to withdraw his or her labour as he or she sees fit. I would like the matter to be discussed and to hear more about it.