Neale Richmond (Dublin Rathdown, Fine Gael)
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It is not my Department’s intention to bring forward legislation in the light of the recent Supreme Court Decision. Ireland has comprehensive and effective legal protections in place for workers who go on strike. Part 2 of the 1990 Industrial Relations Act provides workers who are taking part in peaceful and legal industrial action with a number of legal immunities, provided certain conditions are met.

The judgment found the key legislation that governs industrial relations provides an "absolute bar" to courts granting injunctions restraining industrial action, where the correct legal procedures have been followed. These matters are provided for in Section 19 of the 1990 Industrial Relations Act which provides clear legal guidance on restriction of right to injunction in the case of strike or industrial action by a trade union. I welcome the interpretation of the legislation by the Supreme Court. The Supreme Court found that the legislation should not be interested narrowly or restrictively as this would defeat the purpose of the legislation which is to protect unions and their members.

In addition to the protections granted under the 1990 Industrial Relations Act, under the Unfair Dismissals Acts 1977–2021, the dismissal of an employee for taking part in a strike or industrial action is unfair if one or more of the other employees taking part in the action was not dismissed, or if one or more of the other employees who was dismissed was later reinstated or re-engaged and the employee was not, or the employee receives less favourable treatment after reinstatement after a strike.

Any further changes to the industrial relations laws governing collective bargaining will take place in the context of the implementation of the LEEF High-Level Report on Collective Bargaining. A consultative group has been established by the Government with the social partners which is discussing in detail the Report’s recommendations and exploring mechanisms that would enhance Ireland’s industrial relations framework.