Ruairi Quinn (Dublin South East, Labour)
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Question 93: 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. [19839/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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Deputies will be aware that the evolution of trade union and industrial relations law in Ireland has been influenced by the provisions of our Constitution. The relevant provision is Article 40.6.1° (iii), in which "the State guarantees liberty for the exercise of.... the right of the citizens to form associations and unions". This guarantee, usually referred to as the freedom of association, is exercisable under the Constitution "subject to public order and morality" and, under the same Article, the Oireachtas can enact laws "for the regulation and control in the public interest" of the right.

The freedom of association is also guaranteed in a number of international instruments, which the State has ratified, and which it is, therefore, bound to uphold under international law. Ireland is, accordingly, bound by international obligations under the European Convention on Human Rights, the European Social Charter and by Convention no 87 on Freedom of Association and Protection of the Right to Organise and Convention no 98 on the Right to Organise and to Bargain Collectively of the International Labour Organisation.

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. Trade unions holding a negotiating licence are free to engage in collective bargaining on wages and conditions of employment.

The State has sought to facilitate the voluntary process of collective bargaining through establishing, by legislation, a number of agencies to assist in the resolution of disputes, including the Labour Relations Commission / Rights Commissioner Service and the Labour Court. 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 Towards 2016 Review and Transitional Agreement 2008-2009 provides for the establishment of a review process which would consider the legal and other steps necessary to enable the mechanisms that had been established under previous agreements – and in the foregoing legislation – to operate as they had been intended. A Review Group on Employee Representation has been established involving the social partners and relevant Government Departments. The Group is chaired by the Department of the Taoiseach and will hold its first meeting shortly.