Michael D Higgins (Galway West, Labour)
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Question 51: To ask the Minister for Defence his proposals to amend the Defence (Amendment) Act 1990, in order to allow PDFORA to have a limited membership of the Irish Congress of Trade Unions; and if he will make a statement on the matter. [9767/09]

Willie O'Dea (Limerick East, Fianna Fail)
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The position is that under the terms of the Defence (Amendment) Act, 1990 the Defence Forces Representative Associations are prohibited from being associated with or affiliated to any trade unions or any other body without the consent of the Minister. Accordingly, the Representative Associations, RACO and PDFORRA cannot be affiliated to ICTU at present. A similar arrangement applies to the Garda Siochana Representative Associations.

The basis for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act 1990 to members of the Defence Forces. The taking of any form of industrial action is felt to be irreconcilable with military service. As has been done in the past, the Defence Forces may be called on to contribute to maintaining vital services in times of industrial action. The potential for serious difficulties could arise in these circumstances if the Associations were affiliated with ICTU.

A number of mechanisms have been put in place through the Defence Forces Conciliation and Arbitration Scheme to compensate for the prohibition on affiliation to ICTU. These provide the Representative Associations with structures and processes which enable them to make representations and negotiate on behalf of their members. In addition a framework exists which facilitates the Associations engaging with the official side in talks parallel to those taking place between the Social Partners at National level. This parallel process was operated in respect of the discussion at National level on the Framework for a Pact for Stabilisation, Social Solidarity and Economic Renewal over the recent past.