Niall Collins (Limerick County, Fianna Fail)
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256. To ask the Minister for Jobs, Enterprise and Innovation the criteria under which she would avail of section 38 of the Industrial Relations Act 1990 to invoke the services of the Labour Court or of other persons in order to resolve an industrial dispute for an issue of significant public interest that would necessitate such an action; and if she will make a statement on the matter. [12421/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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Ireland’s system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes between employers and workers, whether in redundancy or other collective disputes, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement mechanisms to support parties in their efforts to resolve their differences.

Even what often appears to be the most intractable of disputes is capable of resolution where both sides engage constructively and in good faith in this voluntary process. The principle of good faith implies that both sides in a dispute make every effort to reach an agreement and endeavour, through genuine and constructive negotiations, to resolve their differences.

As the individual circumstances of each trade dispute will be different, each case must be judged on its merits and the powers of the Minister under Section 38 approached accordingly.