Written answers

Tuesday, 12 December 2017

Department of Defence

Legislative Programme

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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56. To ask the Taoiseach and Minister for Defence if his Department has prepared legislation to accord enhanced rights for PDFORRA and RACO in anticipation of the outcome of the European Committee on Social Rights case taken by EUROMIL; and if he will make a statement on the matter. [52916/17]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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A case was brought to the European Committee of Social Rights by EUROCOP, on behalf of the Association of Garda Sergeants and Inspectors. EUROMIL, a European umbrella body for military associations, made a similar complaint to the Committee on behalf of PDFORRA about the lack of union rights for military Representative Associations in Ireland.

PDFORRA are claiming most of the same violations of the European Social Charter as AGSI. This includes:

- denial of the right to join the ICTU,

- alleged restricted access to pay talks, and

- the prohibition on the right to strike.

Detailed final submissions were lodged to the European Committee on Social Rights on 26 February 2016 setting out Ireland’s position in the matter. We are now awaiting the outcome of the case.

This issue raises complex questions for Ireland from a legal, operational and management perspective. In this context, it is critically important that the Defence Forces are fully operational at all times. It must be emphasised that the taking of any form of industrial action is irreconcilable with military service.

It would be inappropriate for me to comment further until the process is complete.

It would also be premature at this stage to make arrangements for legislative changes in advance of the publication of the findings of the European Committee on Social Rights.

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