Written answers

Tuesday, 4 December 2012

Department of Jobs, Enterprise and Innovation

Employment Rights

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour)
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To ask the Minister for Jobs, Enterprise and Innovation in the context of the Programme for Government commitment to reform the current law on employees right to engage in collective bargaining the Industrial Relations (Amendment) Act 2001, so as to ensure compliance by the State with recent judgements of the European Court of Human Rights, if this will happen next year to coincide with the 100 year anniversary of the 1913 Lockout; the actions that have been taken to date to advance this; when he will bring forward such legislation; and if he will make a statement on the matter. [53895/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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It has been the consistent policy of successive Irish Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. There is also an extensive range of statutory provisions designed to back up the voluntary bargaining process, together with long-established dispute settling institutions that play an important role in disputes relating to collective bargaining. The Government is committed in its Programme for Government to reform the current law on employees’ right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001), so as to ensure compliance by the State with recent judgements of the European Court of Human Rights.

In a related issue, earlier this year the Committee on Freedom of Association of the International Labour Organisation issued a number of recommendations arising from a complaint referred to it by ICTU and IMPACT. The ILO, noting the commitment in the Programme for Government on collective bargaining, invited the Government, in full consultation with the social partners, to review the existing framework and consider any appropriate measures, including legislative, so as to ensure respect for the freedom of association and collective bargaining principles set out in its conclusions - including through the review of the mechanisms available - with a view to promoting machinery for voluntary negotiation between employers’ and workers’ organisations for the determination of terms and conditions of employment.

I welcome the fact that the ILO report did not find Ireland to be in breach of its obligations under ILO Conventions in respect of collective bargaining rights. Neither did the ILO find that a resolution of the difficulties arising over the Ryanair judgement would require the introduction of a legal regime of mandatory trade union recognition. The established procedures can be improved and secured without creating a new statutory obligation on employers to recognise trade unions for collective bargaining purposes. It is envisaged that adequate protective measures such as appropriate prohibition of the victimisation of trade union members and of incentivisation of persons not to be members of a trade union would be important elements of this system. Giving effect to this commitment will require consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004. This consultation process will be initiated in the near future. I am certain that satisfactory arrangements can be put in place that will reconcile our constitutional, social and economic traditions, and our international obligations, as well as ensure continued success in attracting investment into our economy.

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