Éamon Ó Cuív (Galway West, Fianna Fail)
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62. To ask the Minister for Education and Skills the reason the provisions of the Financial Emergency Measures in the Public Interest Acts are being applied to non-unionised teachers in the designated community college sector when one of the unions holding representative rights for these schools has accepted the Lansdowne Road agreement and therefore it would be equally valid to hold, since they are a recognised trade union holding representative rights for a particular trade or sector, that they would be recognised as representing staff in this school other than staff who are members of the ASTI; and if he will make a statement on the matter. [37880/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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The Designated Community College sector is considered as having dual union representation i.e. both ASTI and TUI have representation rights in respect of teachers in such schools.  The Community and Comprehensive school sector is also dual-union.

In the case of these schools, those teachers who are members of TUI (which has accepted to the Lansdowne Road Agreement) were asked to identify themselves so that the agreement could be applied to them. The provisions of the Financial Emergency Measures in the Public Interest Acts are being applied to all other teachers in those sectors.

As is the norm with public service collective agreements, the Lansdowne Road Agreement was negotiated with trade unions which are recognised as representing staff in the public service (including teachers). It is normal industrial relations practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector. This context does not allow for acceptance or rejection of collective agreements by staff on an individual basis.

There are sound reasons for this approach. The Lansdowne Road Agreement is a collective agreement between the Government and the Public Services Committee of the Irish Congress of Trade Unions. It applies to members of affiliate unions. Allowing for acceptance or rejection of collective agreements by staff on an individual basis would not be consistent with the collective approach taken to public service pay agreements to date. In addition, it could also give rise to issues around the negotiation of change and industrial relations agreements on an individual basis with every public servant. It would also give rise to the converse question of whether individual union members would be allowed to opt out of agreements reached by their union.

Accordingly, there are no proposals at this time to treat teachers separately based on the fact that they are not a member of a trade union.