Written answers

Tuesday, 11 July 2017

Department of Defence

Industrial Relations

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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65. To ask the Taoiseach and Minister for Defence if the Defence Forces access to the industrial relations mechanisms of the State will be changed in tandem with changes to the rights of An Garda Síochána; and if he will make a statement on the matter. [32508/17]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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As I have previously stated, I am keeping this matter under review pending the output of the Working Group on Industrial Relations Structures for an Garda Síochána, which has been established by the Department of Justice and Equality.

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. Accordingly, the Representative Associations cannot be affiliated to ICTU. 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.

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.

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.

However, I can advise the Deputy that I plan to initiate a review of the Conciliation and Arbitration Scheme for members of the Permanent Defence Force, with the review to commence before the end of 2017. The output from the Working Group, which is considering Industrial Relations Structures for an Garda Síochána, will be considered as part of the review of the arrangements for the Permanent Defence Force.

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