Róisín Shortall (Dublin North West, Labour)
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Question 57: 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 in particular the right of a trade union to represent its members; and if she will make a statement on the matter. [41760/08]

Billy Kelleher (Cork North Central, Fianna Fail)
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Trade unions holding 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 where the internal dispute resolution procedures that are normally used fail to resolve the dispute.

The issue of employee representation was considered in the context of the recent Social Partnership talks. In that context, the Review and Transitional Agreement 2008-2009 provides for the establishment of a review process which will consider the legal and other steps which are required to enable the mechanisms which were established under previous Agreements to operate as they had been intended. The review is to be completed by the end of March 2009 with a view to enactment of the necessary legislation in June 2009.

In addition, the new Agreement provides for a number of legislative measures to prohibit victimisation and incentivisation (i.e. financial or other incentives to encourage persons not to join trade unions), and to provide effective protection and means of redress to employees when engaged in the exercise of their constitutional right to trade union membership or activity on behalf of a Trade Union or non-membership.