David Cullinane (Sinn Fein)

I welcome the Minister to the House. He will know that, during the Lisbon treaty campaign, there was much talk about the Charter of Fundamental Rights of the European Union, and that commitments were given to trade unions that if they supported the treaty the issue of collective bargaining and trade union recognition would be dealt with through legislation. I understand collective bargaining is referred to in the programme for Government.

I have raised this matter not to convince the Government that what I propose is necessary, because it is in the programme for Government, which I hope the Minister supports, but to seek information. I want to understand what is involved and what will be necessary. Is it simply a matter of legislation or will we need a constitutional amendment? If the latter is required, I hope it will be part of the constitutional convention and will be achieved during the lifetime of the Government.

The Minister is currently reviewing the employment rights bodies in the State. This is welcome because it affords an opportunity to deal with a number of anomalies and problems in the system. I approach the matter from the perspective of seeking to strengthen workers' rights, entitlements, terms and conditions.

In the Minister's preamble, which was a discussion paper in respect of which he sought submissions, one of which was made by me, he refers to workplace disputes being resolved at the earliest possible stage at workplace level. This, however, can only happen through dialogue. There can only be dialogue when a company recognises the representatives of its workforce, that is, a trade union, if there is one. Surely, therefore, the Minister will agree it is good, right and proper that there be proper dialogue in which all employers recognise the representatives of their workforces, engage with them through dialogue and use the industrial relations machinery at our disposal in the State to resolve workplace disputes.

Is the Government committed to enshrining in the Constitution, if necessary, the right to collective bargaining or is it a matter for legislation?