I have quoted the passage which substantiates my statement that there is not and has not been for a considerable number of years that peace and harmony which is the only logical basis for the argument which Deputy Morrissey addressed to the House. He has proceeded, I think, on the assumption that this tribunal would have a disturbing influence on the trade union movement; that it would intensify those animosities; that it would increase the bitternesses, and that it would promote the internecine strife which experienced members of the trade union movement have themselves admitted to exist already.
But what was the remedy for this deplorable condition of affairs which responsible trade unionists themselves recommended? What was the recommendation in the memorandum, which, I think, was signed by five persons who were representatives of trade unions having their headquarters in this country, trade unions which might be concisely and popularly described as Irish trade unions on the Commission of Inquiry? Those gentlemen, all of them holding responsible positions in the trade union movement, all of them with national records of which any of us might be proud, recommended:—
"There shall be established by the National Executive an Industrial Court of seven members, of which three shall form a court at any time.
"In appointing the court the National Executive shall, as far as possible, select only members who, by their training, previous experience and general ability, are considered suitable to perform the duties with which the court may be charged.
"It shall be the duty of the court to deal with and adjudicate in matters connected with inter-union disputes.
"Where two or more unions cater for similar groups of workers in the same concern, no union shall present a demand regarding rates of pay, hours of duty or conditions of service without first informing the other unions directly affected."
I am not quoting this verbatim; I am quoting extracts from it.
"The Industrial Court shall not order any union to call its members out on strike although it may make a recommendation to that effect. It may decide that a demand made by a particular union in an industry in which other unions are involved is anreasonable or impracticable and recommend that no strike in support of such demand should take place.
"Where disputes in connection with a question of demarcation arise, no general stoppage of work may take place until after discussion between the unions concerned and, failing agreement, submission of the question in issue to the Industrial Court. The finding of the court shall be binding on all concerned.
"Complaints regarding ‘poaching' or ‘transference of members' shall, in the first instance, be dealt with between the unions concerned, and, failing agreement, submitted for the consideration of the court. The acceptance of members shall remain in abeyance until the court has issued its decision. In arriving at a decision the court shall have regard to all the circumstances, and particularly to the ability of the respective unions to cater effectively for the workers in question.
"The court may decide that, on and from a given date, particular groups of workers in concerns where competition between unions exists shall be recruited (as far as new members are concerned) only by a particular union or unions, always having regard to the ability of the selected union or unions to cater effectively for the workers involved.
"Affiliated unions for which special services are performed by the court shall be charged such fees for same as may be fixed by the court, with the approval of the National Executive.
"The National Executive, with the approval of Congress, shall prescribe the penalties, including cancellation of affiliation, which may be imposed for failure to abide by or give effect to decisions or findings of the court.
"Where a trade dispute, either actual or prospective, is likely to affect directly or indirectly a union or unions primarly involved in such dispute, the Industrial Court may call for a statement of all the facts and order or recommend such action as may be considered necessary in the circumstances, subject to the provisions of section (f)."
I have cited all the matters which the memorandum recommended should be dealt with by the Industrial Court which it suggested should be set up by the Executive of the Irish Trade Union Congress. I think I have quoted sufficient to suggest that this was a practical, patriotic, and statesmanlike document. In that connection I should like to emphasise that among the other matters which it was specifically recommended this court should deal with was this problem of the organisation of workers in overlapping unions, and that the report recommended that the court, in relation to that problem, should be given power to decide that.
"...on and from a given date, particular groups of workers in concerns where competition between unions existed shall be recruited (as far as new members are concerned), only by a particular union or unions, always having regard to the ability of the selected union or unions to cater effectively for the workers involved."
That is precisely what is proposed in Section 21 of the Bill. We are striving to give effect to a recommendation which was made in a report submitted to the Irish Trade Union Congress by the representatives of the Irish trade unions.