Willie Penrose (Westmeath, Labour)
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Question 120: To ask the Minister for Enterprise, Trade and Employment his views regarding the failure of a company (details supplied) to implement a Labour Court decision to allow staff to be represented by trade unions at a disciplinary hearing; if clear legal rights will be given to workers in such situations; and if he will make a statement on the matter. [4099/06]

Tony Killeen (Clare, Fianna Fail)
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Responsibility for the resolution of trade disputes is a matter for the parties involved. The State provides the industrial relations dispute settlement machinery to assist the dispute resolution process, which, in line with the general principles of industrial relations in Ireland, is voluntary in nature. The system of industrial relations in Ireland is designed to help and support parties in their efforts to resolve their differences, rather than imposing an extensive set of legislative conditions on the parties to a trade dispute.

The Labour Court operates as an industrial relations tribunal, hearing both sides in a trade dispute. It then issues recommendations setting out its opinion on the dispute and the terms on which it considers the dispute should be settled. Labour Court recommendations for the resolution of trade disputes are not legally binding. However, as the Labour Court is a court of last resort in the industrial relations process, it is expected that the parties come to that process in good faith and consequently are prepared to accept the outcome of the process, namely the Labour Court recommendation.

The procedures set out in the code of practice on grievance and disciplinary procedures are well established and are in line with the voluntarist tradition of Ireland's system of industrial relations.