Pat Breen (Clare, Fine Gael) | Oireachtas source

I thank Members for their contributions in the House this afternoon. I also thank them for their invaluable support in getting the Bill passed through the House and I hope we will be in a position next week to progress the Bill and get it passed before the summer recess.

A number of Senators expressed concern that the Defence Forces were not included in the Bill but it is quite obvious why they were not included. I remind Senators of the ruling of the European Committee of Social Rights in 2017 that Ireland was not in violation of the European Social Charter in respect of the prohibition of the right of military personnel to strike. In a non-binding ruling, the European Committee on Social Rights made that conclusion, and it is important to point it out today. I outlined to Members earlier the range of parallel complaint and adjudication mechanisms in law to compensate for the limitations in access to normal industrial relations machinery, and they include statutory redress of wrongs process, an Ombudsman for the Defence Forces, which is really important, Defence Forces representative associations and a conciliation and arbitration scheme for members of the Permanent Defence Force.

As I stated earlier, an independent review was done on the conciliation and arbitration scheme for members of the Defence Forces. That report recommended that the official side should, with the consent of the Minister, engage in discussions with ICTU to explore the practicalities of the Permanent Defence Force representative association forming affiliations with ICTU, while giving due consideration to any likely conflict that might arise between such an arrangement and the obligations of military service. I understand the matter is being progressed and dialogue has commenced between the Department of Defence and ICTU. We need to give that review process some time. I ask Senators to allow the process to happen, although we are all conscious of the important work done by the Defence Forces.

The reason Garda associations cannot bring about a strike is very simple. Ireland is unique as we only have one police force, as in many other countries there could be two, three or four different groups for dealing with traffic and other policing sectors. Were the Garda Síochána to go on strike, there would be awful security issues, including the security of the State etc. It should be acknowledged that members of the Garda are very different and they are not like ordinary workers. The current Bill facilitates access for members of An Garda Síochána to the WRC and Labour Court. Having full access to the WRC and the Labour Court is important for anybody but for the Garda Síochána it is even more important.

I am the Minister of State with responsibility for the Labour Court and the WRC and I have seen the great work done there in speeding up the process where issues exist. The WRC now has offices all over the country, including in Sligo, Cork, Dublin and Shannon. It will shortly open a new office in Ennis for the western division. People will be able to walk in off the street and meet WRC personnel. It is very much an organisation that is available to workers and it has maintained a very good track record of dealing with industrial disputes over the two years since I took office. It is the State's industrial relations machinery for resolving these disputes.

Senator Mac Lochlainn spoke about additional resources and €1 million was allocated to the WRC in the budget this year to deal with its extra requirements, particularly as the Garda Síochána now has access to the WRC. That €1 million will go towards extra personnel and resources. Some cases are delayed in the WRC because many are complex and take time to deal with. That is often outside the control of the WRC. On average, I understand cases are referred to adjudication and dealt with within six months. Conciliation services are very responsive and parties have access to that where necessary. There have been many improvements but the WRC is a new body and time must be given to bed in. From what I have seen of the WRC so far, it is very hands-on and it has really good personnel. Its inspectors understand the issues very well. We are lucky to have such good industrial relations machinery in the State at this time.

I thank all the Members for their contributions this afternoon. This is a very important Bill and I am very anxious for it to be finalised before the summer recess. Every effort will be made, both by my Department and the staff in the Seanad, to ensure we can get that done.