Paul Murphy (Dublin South West, Socialist Party)
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360. To ask the Minister for Defence in view of the recent cases at the European County of Human Rights (details supplied) which upheld certain trade union rights for Defence Forces' personnel and the recent case taken by the AGSI at the European Committee on Social Rights which upheld its right to affiliate with ICTU and to strike, if he will review the restriction on Defence Force personnel's rights to collective bargaining and to take industrial action; and his views on the matter. [1230/15]

Simon Coveney (Cork South Central, Fine Gael)
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There have been a number of recent judgements by the European Court of Human Rights in respect of the French military and also findings in a recent case brought to the European Committee on Social Rights by the Association of Garda Sergeants and Inspectors (AGSI), the outcomes of which will require very careful consideration. In a non-binding ruling, the European Committee on Social Rights (ECSR) found that current arrangements for industrial relations in An Garda Síochána are not in compliance with aspects of the European Social Charter:

- Article 5 of the Charter (the right to organise) on grounds of the prohibition against police representative associations from joining national employees’ organisations;

- Article 6.2 of the Charter (the right to bargain collectively) on grounds of restricted access of police representative associations to national pay agreement discussions; and

- Article 6.4 of the Charter on grounds of the prohibition of the right to strike of members of the police force.

In the light of these ECSR findings, a complaint to the Council of Europe about the lack of union rights for military Representative Associations in Ireland has been now been made by EUROMIL, a European umbrella body for military associations, on behalf of PDFORRA. PDFORRA are similarly claiming most of the same violations of the European Social Charter as AGSI did, including denial of the right to join the ICTU, alleged restricted access to pay talks, and the prohibition on the right to strike.

This is a particularly difficult issue and raises complex questions for Ireland from a legal, operational and management perspective. In this context it is critically important that the Defence Forces are fully operational at all times, and it must be emphasised that the taking of any form of industrial action is irreconcilable with military law. These issues will require careful detailed input from all relevant parties. It is only in the full knowledge of all aspects of this issue that full and careful consideration can be given to any proposed change in the present arrangements.

As the question of the admissibility of the complaint is currently under consideration by the European Committee on Social Rights, it would not be appropriate for me to comment further at this time.