Written answers

Tuesday, 13 December 2016

Department of Defence

Defence Forces Representative Organisations

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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47. To ask the Taoiseach and Minister for Defence the discussions or correspondence he or his Department has had with Defence Forces representative organisations on both the conciliation and arbitration scheme and the parallel process; and if he will make a statement on the matter. [39806/16]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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The Conciliation and Arbitration scheme for members of the Permanent Defence Force (PDF) provides a formal mechanism for the PDF Representative Associations, RACO and PDFORRA, to engage with the Official side. The purpose of the scheme is to provide a means for the determination of claims and proposals from the Associations relating to remuneration and conditions of service. Since 1993, there have been significant developments and improvements in the pay and conditions of military personnel. The Representative Associations have been to the fore in advancing the interests of their members in this regard, bringing them in line generally with the pay and conditions available in other public service employments.

Officials from my Department continue to work with the Representative Associations in a positive and collaborative process within the C and A Scheme which points to the effectiveness of the scheme for resolving IR issues. It is open to the Representative Associations to submit claims to the Official side in relation to matters falling within the C and A scheme, generally claims relate to pay and conditions, award of allowances etc. When submitted these claims are generally the subject of negotiations and where agreement is not reached it is open to both sides to seek the assistance of an adjudicator to settle the matter.

In relation to the parallel process referred to by the Deputy, I should firstly outline that 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 Associations 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. This is a long standing policy position taken by respective Governments since the foundation of the State. 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.However, a number of mechanisms have been put in place through the Defence Forces Conciliation and Arbitration Scheme which provides 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.

I have recently received a detailed submission from RACO in which they put forward their views and recommendations in relation to the future development of both processes. My officials are currently examining this submission with a view to appraising me of same in the coming weeks.

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