Brendan Ryan (Dublin Fingal, Labour)
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590. To ask the Taoiseach and Minister for Defence his views on the Labour Party’s proposals to facilitate Irish Congress of Trade Union membership for Defence Forces representative associations, which has been welcomed by the Permanent Defence Force Other Ranks Representative Association; his plans to progress this policy; the estimated timeframe for implementation; and if he will make a statement on the matter. [17299/16]

Enda Kenny (Mayo, Fine Gael)
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There are no plans to allow PDFORRA to take up associate membership of ICTU. Under the terms of the Defence (Amendment) Act, 1990 the Defence Forces Representative Associations are prohibited from being associated with, or affiliated to any trade unions, or any other body without the consent of the Minister. Accordingly, the Representative Association PDFORRA cannot be affiliated to ICTU at present. The basis for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act, 1990 to members of the Defence Forces. The taking of any form of industrial action is irreconcilable with military service. The Defence Forces may be called on to contribute to maintaining vital services in times of industrial action. The potential for serious difficulties and conflicts could arise in these circumstances if the Defence Forces Representative Associations were associated with, or affiliated to ICTU, given ICTU rules in relation to such matters. A number of mechanisms have been put in place through the Defence Forces Conciliation and Arbitration Scheme to compensate for the prohibition on affiliation to ICTU. These provide the Representative Associations with structures and processes, which enable them to make representations and negotiate on behalf of their members.

In addition, a framework exists which facilitates the Associations engaging with the official side in talks parallel to those taking place between ICTU and the official side at National level. This parallel process was successfully operated in respect of discussions, facilitated by the Workplace Relations Commission, on an extension to the ‘Public Service Agreement 2010 – 2018’ leading to the Lansdowne Road Agreement.

Following on from a case brought to the European Committee on Social Rights by the Association of Garda Sergeants and Inspectors (AGSI), a complaint has now been made by EUROMIL (a European umbrella body for military associations), on behalf of the Permanent Defence Forces Other Ranks Representative Association (PDFORRA), alleging a breach of Article 5 (the right to organise) and Article 6 (the right to bargain collectively) of the European Social Charter.

Submissions have been lodged to the European Committee on Social Rights setting out Ireland’s position in the matter and a further Response to Submissions was lodged by Ireland on 26th February 2016.

I remain satisfied with the present arrangements in place and have no plans to make any changes.