Richard Bruton (Dublin North Central, Fine Gael)
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Question 50: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether new initiatives should be taken to extend the code of conduct for disputes in essential services, or to give that code legal effect; and if she will make a statement on the matter. [18371/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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In 1992, under Section 42 of the Industrial Relations Act 1990, the Labour Relations Commission, following consultation with ICTU and IBEC, prepared a Code of Practice on Dispute Procedures including Procedures in Essential Services (S.I. No 1 of 1992). The Code is designed to assist employers and trade unions in making agreements which recognise the rights and interests of the parties concerned and which contain procedures to resolve issues in a peaceful manner and avoid the need for any of the parties to resort to actions which will lead to a disruption of supplies and services.

The procedures in the Code provide a framework for the peaceful resolution of disputes, including disputes in essential services. The Code recognises that there is a joint responsibility on employers and trade unions to resolve disputes in essential services and employments without resorting to strikes or other forms of industrial action. While the Code of Practice is voluntary in nature and is not binding on employers or trade unions, the Code is admissible in evidence in any proceedings before a Court, the Labour Relations Commission, the Labour Court, the Employment Appeals Tribunal, a rights commissioner or an equality officer. Any provision of the Code, which appears to the Court, body or officer concerned to be relevant to any question arising in the proceedings, shall be taken into account in determining that question.

In the National Partnership Agreement, Towards 2016, the parties acknowledged the importance of stable industrial relations and committed themselves to maintaining a well-managed industrial relations environment to prevent disputes affecting the level of service to the public. The parties accepted that providers of essential services and their staff have a special responsibility to ensure that they have well developed communication channels and to seek to resolve problems before they escalate into industrial disputes. It was agreed that if a problem cannot be resolved, all parties would take up all available dispute resolution mechanisms (both statutory and non-statutory). Complementary provisions were also agreed in the context of the Review and Transitional Agreement, 2008 - 2009.

Accordingly, in the light of the general endorsement to date by the main representatives of employers and trade unions of the desirability, in the event of disputed arising in essential services, of recourse to the existing statutory and non-statutory dispute resolution mechanisms, I see no need for additional measures in this area, as suggested by the Deputy.