Gerald Nash (Louth, Labour) | Oireachtas source

I shall speak on the group of amendments. Amendment No. 8 seeks to provide a role for trade union officials in the enforcement of REAs, or registered employment orders, which are more correctly entitled sectoral employment orders, and employment regulation orders. The amendment would also provide for the Minister to make regulations providing for a right of access by trade union officials to the workplace and employees. Finally, it seeks to prohibit an employer from coercing workers to relinquish or abstain from an REA.

In respect of REAs, it is a matter for the parties concerned whether they wish to include in the agreement provisions in regard to access to the workplace for trade union officials. An REA will be binding on the parties to the agreement, and I am aware that some previous REAs, such as the construction REA, provided that, in the event of concerns arising regarding compliance, a union official would have access to a designated member of management. It is totally open to the parties to agree similar provisions in the future. That was never something that was underpinned in primary legislation.

With regard to the appointment of other persons, including union officials as inspectors, it must be appreciated that the powers that have been given to NERA inspectors are quite extensive. I believe such extensive powers are rightly and appropriately reserved solely for officers of the Minister who are appointed as inspectors.

I do of course believe that it is vital that unions are able to represent the interests of their members and take action in support of those interests, and the laws of this State vindicate that right. However, I am afraid that the suggestion that trade union officials should have a statutory right to enter a workplace to meet with workers, even in workplaces that do not recognise trade unions, does not accord with the voluntarist approach to industrial relations that has existed down the decades, whether we like that particular tradition and voluntarist approach or not. Also, and very significantly, it would leave the legislation open to the possibility of a legal challenge as regards an employer's constitutional right not to engage with or recognise trade unions - again, whether we accept that position or not. We have had quite an extensive debate about that matter. I think Senator Cullinane and others will understand that we do not want in any way to jeopardise this long-awaited legislation that the trade union movement have been committed to securing for some time. Therefore, we do not want to leave any gaps open in that regard. Accordingly, I cannot accept the amendment.