Arthur Morgan (Louth, Sinn Fein)
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Question 63: To ask the Minister for Enterprise, Trade and Employment if he will introduce measures that will oblige employers to recognise trade unions. [8249/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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The system of industrial relations in Ireland is essentially voluntary in nature. In line with this voluntarist approach, a High Level Group comprising representatives from IBEC, ICTU, and various Government Departments and agencies and chaired by the Department of the Taoiseach was established under Partnership 2000 to consider proposals submitted by ICTU on the recognition of unions and the right to bargain. This Group recommended that two distinct procedures be put in place for the resolution of disputes where negotiation arrangements are not in place and collective bargaining does not exist — a voluntary procedure and a legislative fall back procedure.

These recommendations were implemented through the Industrial Relations Act 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (Statutory Instrument No. 145 of 2000) and the Industrial Relations (Amendment) Act 2001. These measures were improved by the introduction of the Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004), the Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004) and the Industrial Relations (Miscellaneous Provisions) Act 2004.

The Constitution explicitly protects the rights of an individual to join or not to join a trade union. While it is, in fact, unclear as to whether the Oireachtas is prevented from requiring employers to recognise trade unions, I have no plans to introduce measures that would seek to oblige employers to do so.

At the social partnership plenary session of Friday 15 February, the Taoiseach invited the social partners to participate in a formal review of "Towards 2016", to prepare their assessments of the progress made to date and the issues that arise from that assessment. Some social partners have already indicated that the adequacy of the measures I have referred to is an issue that may be raised in the partnership discussions.