John Whelan (Labour) | Oireachtas source

This is a timely and topical debate. I have the utmost respect for Senator Quinn not only as a captain of industry and entrepreneur but also as a commendable employer who set the highest of standards. He has the support of Senator Barrett, who also commands our respect when he speaks. However, not all employers are as decent as Senator Quinn or as forthcoming with their employees. We have to consider this issue in the round. It is fortunate that the immediate threat has been diffused because our discussions on this Bill would have taken a different tone in the previous climate. I understand the motivation behind what occurred over the last several weeks. All of us feared the prospect of a breakdown in industrial relations in ESB that would wreak havoc on families, the elderly and the infirm in the run-up to Christmas and would damage our economy and international reputation. There is great relief that the immediate threat has passed and I commend both sides in the dispute and the Labour Relations Commission on the tremendous work it has done behind the scenes to diffuse the dispute.

It was confirmed during the week that certain trade union officials - I will not name anyone in the House - and their families received serious personal threats. That is despicable. Nobody deserves to be personally vilified for representing workers, even if we do not agree with the extent to which they were willing to push matters. In this instance, the threat of strike action was disproportionate to the nature of the problem and I am glad it has been resolved.

It is ironic that we are having this debate during the centenary of the Lock-out. It would be no harm to reflect on the progress that has been made by both sides in our society. It is also interesting that we are having the debate against the backdrop of Nelson Mandela's passing this week in light of the plaudits given to the Dunnes Stores workers for their courage in taking a stand in 1984. I do not think Nelson Mandela realised how many friends he had in Ireland. There are certainly more people on his side today than was the case in 1984. The same goes for the Dunnes Stores workers. A number of people jumping on that bandwagon were not as full as praise for those young women at the time. History is judging the Dunnes Stores workers positively for their courage and perseverance but not all of those who are commending them today were behind them when they were on strike.

Over the weekend we saw the sad sight of Marks and Spencer workers picketing in the run up to Christmas. Again, it was mostly women on the picket line. They did not want to be picketing but felt they had to strike because their employment terms and conditions, their pension entitlements, their holiday pay and their weekend rates were under serious threat. I know of no worker who wants to be out on strike or on the picket line. This Bill refers to utilities but we should consider these issues in the round. As a member of the NUJ since I was 17 years old, I have spent time on the picket line. Nobody wins in a strike situation. It is important to acknowledge the significant progress that has been made in industrial relations in this country. In the 1970s, we lost 58,000 days per annum due to strikes. We became known as the sick man or basket case of Europe. The situation improved somewhat in the 1980s, during which we lost an average of 32,000 days per annum. Industrial peace and industrial relations mechanisms have improved the situation significantly, for which both employers and the trade union movement should be commended. Employees have dug deep to help this country rebuild after the fiasco of the bank bailout. I would not like us to squander that progress by criminalising or vilifying workers who feel they have to strike as a last resort.

One of the best, if not the best, union in the country is the Irish Farmers Association, which is fantastic at looking after the interests of its members in farming and rural communities. All of us are relieved that the ESB strike has been diffused but I remind the House that Mr. Justice Peter Kelly stated in the Commercial Court that there was a deficit of €1.8 billion in the company's pension fund. The workers feared that the funds to which they were contributing would be lost. Many workers in this country have been short-changed by the collapse of pensions. People who saved prudently throughout their working lives found out upon retirement that their pension funds were insufficient to meet their requirements.

While I understand that Senator Quinn is approaching this issue in good faith, I cannot support his Bill because it could be seen as provocative legislation. That is the last thing we need at present. Instead of taking sides, we should continue working together. The threat of strike in ESB brought people around the table and focused hearts and minds on achieving a result that was of benefit to the entire country.