Eamon Gilmore (Dún Laoghaire, Labour)
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Question 28: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the legislative or other measures she will take to uphold the right to collective bargaining and particularly the right of a trade union to represent its members; and if she will make a statement on the matter. [23922/08]

Martin Ferris (Kerry North, Sinn Fein)
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Question 53: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on legislation in Dáil Éireann that would provide workers with the right to strike and collectively bargain. [23567/08]

Martin Ferris (Kerry North, Sinn Fein)
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Question 58: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if she will draft legislation that will enshrine the right to collective bargaining and the right to strike for Irish workers. [23566/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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I propose to take Questions Nos. 28, 53 and 58 together.

"The Irish Constitution guarantees the right to form and join trade unions. The Courts have upheld the right to take strike action subject only to regard for the legal and constitutional rights of the parties affected. Trade unions, their officials and members who are engaged in industrial action are granted immunity from criminal and civil liability in circumstances defined in the Industrial Relations Act 1990. Trade union representatives and workers are also protected against unfair treatment through provisions contained in the Unfair Dismissals Acts 1977 to 2007, the Industrial Relations (Miscellaneous Provisions) Act 2004 and in the 1993 code of practice entitled "Duties and responsibilities of employee representatives and the protection and facilities afforded them by their employers".

Trade unions who hold a negotiating licence are free to engage in collective bargaining on wages and conditions of employment. Ireland's system of industrial relations is based on a voluntary approach with terms and conditions of employment being determined in the main by a process of voluntary collective bargaining between the parties, without the intervention of the State. The collective bargaining process can cover the entire range of issues arising from the employment relationship.

The State has sought to facilitate the bargaining process through establishing, by legislation, a number of agencies to assist in the resolution of disputes. These agencies are: the Labour Relations Commission, the Labour Court and the Rights Commissioner Service. There are also statutory provisions designed to back up the voluntary process in areas where collective bargaining does not operate effectively. The most important provisions are those concerning Joint Labour Committees and Registered Employment Agreements. In addition, the 2004 Enhanced Code of Practice on Voluntary Dispute Resolution and the Industrial Relations (Amendment) Act 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act 2004, provide mechanisms for the resolution of disputes in situations where collective bargaining does not occur and the internal dispute resolution procedures normally used fail to resolve the dispute.

The issue of collective bargaining and the arrangements necessary to support it, particularly having regard to trade union concerns about the operation of the legislation in this area, are under discussion with the social partners in the current social partnership discussions.