Written answers

Tuesday, 20 March 2018

Department of Jobs, Enterprise and Innovation

Industrial Relations

Photo of Willie O'DeaWillie O'Dea (Limerick City, Fianna Fail)
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377. To ask the Minister for Jobs, Enterprise and Innovation the reason an association (details supplied) would not be afforded protections under the Industrial Relations Act 1990 if it engaged in withdrawal of services; and if she will make a statement on the matter. [12171/18]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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I can advise the deputy that the position under Irish industrial relations legislation is that the law does not confer a positive right to strike, picket or engage in other industrial action. Instead the law confers immunity from civil suits on those that participate in lawful industrial action. Industrial action includes pickets at employer’s premises, secondary picketing, a strike or work to rule.

These protections are provided for in the Industrial Relations Act 1990 and apply to members of a trade union who participate in lawfully balloted strike action, provided certain conditions are met. Individuals who do not belong to an authorised trade union that holds a negotiation licence, do not enjoy immunity from suit.

I understand that the Branch Officers Association to which the deputy's inquiry relates is not an authorised trade union and does not hold a negotiation licence. Therefore, its members are not covered by the protections from tort that are provided for in the Industrial Relations Act 1990.

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