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Dáil Éireann debate -
Tuesday, 8 Nov 1966

Vol. 225 No. 3

Committee on Finance. - Vote 50—Labour (Resumed).

Debate resumed on the following motion:
Go ndeonófar suim nach mó ná £38,600 chun íoctha an mhuirir a thiocfaidh chun bheith iníoctha i rith na bliana dar críoch an 31ú lá de Mhárta, 1967, le haghaidh Tuarastail agus Costais Oifig an Aire Saothair.
—(Minister for Labour.)

When I reported progress, I was commenting on the fact that the Minister had circulated proposals to both the employers' side and the Irish Congress of Trade Unions and had expressed the hope in his introductory statement, that the setting up of his office would lead to better relations. I said I did not believe that legislation of itself would settle industrial relations. that this was a matter which would come about only because of the fact that both sides were willing to come together for the common good. I asked the Minister in regard to these proposals which he had circulated if he had received any comments from either side or from both sides and if these comments would form the basis of discussions which the Minister might have with either of these before he attempted to draft the type of proposals he has in mind in regard to this matter of better industrial relations.

At the present time on the Irish industrial scene the hopes of both sides are pinned on the Labour Court as an instrument which enables the disputing parties to have somebody to look at it with them and to enable them to reach a solution of their problems. At this stage I should like to take the opportunity of paying tribute to the Chief Conciliation Officer of the Labour Court for his good offices during the period in which he has shouldered this very onerous task. One of the things that, perhaps, we do not advert to as often as we might is the fact that the number of disputes that are settled outweigh completely the number of those which flare up into a strike or industrial unrest and that the Conciliation Officer with his advisers has been able, in a great many cases, to throw oil on the troubled waters and reach a solution. One wonders at the present time if the Labour Court, as constituted, is not getting out of touch with modern conditions and the times in which we live. One of the points the Minister would need to bear in mind in that respect is that the personnel of the new Court should be such that the Minister, labour and industry could feel confident that they were up-to-date and alert in looking at the changing situation. It is constantly changing not alone in this country but in every other country. This is important. Setting up the Labour Court of itself will not cure the ills. It is the courses which are taken ahead of time by officers connected with the Labour Court that might offer the best solution to the kind of problems we are likely to come up against.

One of the very important factors which I feel would be in the mind of anybody engaged in industry, and particularly of the workers in industry, is that continuance of work is more important than the conditions which obtain in any particular industry. This is a very important point with them. We speak very often rather loosely in regard to the economic wealth of the country and the size of the cake. I think the time has come for everybody to realise that it is not increasing the portions of the cake that counts but increasing the cake so as to make portions of it. That is the greatest hope. Both sides will benefit from this kind of co-operation.

When speaking of his Department, the Minister seemed to see it as having a variety of functions, as it has, and these were stated without regard to the priorities which the Minister will determine should be raised in relation to matters to be dealt with. One section of his Department will deal with the welfare of workers. Then he spoke of industrial relations, manpower forecasts and replacement services. These, of course, are most important. The Minister, I am sure, has the benefit of the work done by the Parliamentary Secretary when in charge of the manpower policy, has the results of the study made and inaugurated under his auspices and, indeed, the very elaborate discussions which took place in the Seanad on manpower policy.

One of the very important things in regard to manpower policy is the fact that it is not a question of finding full employment for manpower; it is rather a question of relating the skills of manpower to the various types of work. There should be the possibility that manpower policy will seek to match jobs and workers in all parts of the country. It is not just a question of providing full employment, very important and necessary as that is for the reason that there will continue to exist, seemingly, a hard core of unemployment. The figures seem to remain static; they move up and down seasonally but, by and large, a hard core still remains. But, outside of that, if there were enough of the right type of work in the right place at the right time, the problem of the Minister at that stage would be to see to it that not alone would these opportunities be created for workers but there would be workers equally placed to avail of them.

Reading the debates in the Seanad, one is struck by the fact that it was felt that the employment exchanges were not the proper foundation on which to base the work of the new Ministry. The employment exchanges, as they are called—most people speak colloquially of "going to the labour"—would be very false, if the policy the Minister wishes to pursue is to have the results which everybody hopes it will have. Equally so, taking the employment services away from the exchanges as such would perhaps create a better image but at the same time I feel there will have to be very close liaison between the two offices.

At present people are compelled to go to the exchanges to register for employment and on going there, find, in some cases, certainly, a very loose type of listing of the skills of people who come to register. There is a first and second choice. I wonder if the work in which these people are engaged even at present, and from which they may become detached by reason of unemployment, is really the kind of work for which they are essentially fitted. Very often there is in the back of a man's mind that he takes a chance in stating the most likely second avenue of employment. I admit there is an amount of that kind of information available to the exchanges.

If the exchanges are doing their work —and I have no reason to doubt it— then I am sure they are in touch with the various opportunities of employment which may arise in their area. If they are not, they should be. Of course they will not always succeed in getting all the information, because of the various other avenues through which people obtain employment. There is the avenue of friendship, the avenue of school unions, and, of course, there are always the trade union branches. These are means through which employment is sought and found but the labour exchanges ought to be in the position of knowing the opportunities available or about to become available. That brings me to one of the most important points in this regard which the Minister mentioned, that is, accurate forecasts of manpower becoming available, and accurate forecasting of the opportunities for manpower when available.

The Ministry for which the Minister is now responsible has not just an obligation to keep in touch with these problems but to keep in close touch with the related Ministries concerned. The Department of Social Welfare and the Department of Education are two very important Departments in relation to this new office. The Minister mentioned the Industrial Training Bill and the redundancy payments which will come to be paid. This is something we have to take note of, particularly in the light of the conditions we are likely to meet even in the Free Trade Area arrangements we have at present with Great Britain, and what is likely to occur if we get into the European Economic Community by 1970, or whatever year it will be. These conditions will create for people in this country difficulties in regard to this matter and it will require a very high degree of skill in forecasting, and not alone in forecasting, but in the correcting of forecasts. It is very important that forecasts should not be left as they are but should be revised so as to ensure that the information contained is the most up to date upon which to form estimates.

One of the matters which come to my mind at this stage is An Cheard Comhairle and its function in this situation. As we know, young people now seek their apprenticeship through the services of An Cheard Comhairle; but I wonder if the Minister has given thought to the fact that with the techniques which are becoming increasingly available, with the speed with which changes are taking place, very often people who set out on a particular apprenticeship course find perhaps within a five-year period, that the skills in which they were trained are being largely superseded, particularly in relation to technical education and in the lower echelons of the technical services. For example, in regard to typing, copying machines and new photographic processes now play a large part and there is a tendency towards more copying by these processes.

One of the things the Minister should keep constantly in mind is the relationship of An Cheard Comhairle to the quickly changing pattern of events not only here but in the world outside with which we will be increasingly in contact. If we do enter the EEC within the next few years, greater problems will be created for our young people. One of the matters I should like to put to the Minister at this stage is the position of young people who have got their group certificates. Before they can go on for higher technical training, they must have a job. Here is the problem. What are our youths to do if they have not got a job and want to go on to higher technical training? That certainly will be a very live problem, particularly in view of the fact that the Minister for Education says the school-leaving age is to be raised. When they have got to the stage of having the common certificate, where are they to go from there? If the psychologists, who will have some influence on their training for future employment, feel they should move into the manual phase or into technical education, how are they to proceed to higher technical education? The Minister knows well that there is not full employment for quite a large number of young people who, if they were employed, would be able to stay here. That is one of the matters to which the Minister must give serious attention in regard to the training of our young people in the future.

That would seem to point the way to greater consultation between the Department of Education and the Department of Labour. Leaving aside the problem of unemployment or the redeployment of labour already employed, the force of young people coming up will throw a strain on the amount of employment available. One of the facts which Investment in Education was supposed to highlight was the fact that by 1970 we will need a higher proportion of skilled labour if we are to meet the challenge of EEC conditions. I am sure it is immediately apparent to the Minister that the bottleneck being created by the condition that a person with a group certificate seeking higher technical education must have a job will have to be tackled and tackled quickly. In this matter also the Department of Education must keep in touch with the Minister, because if we are rigid in regard to the terms or the type of education being given to young people, it will not be easy to change that rigidity later if these young people find that they have been trained for one particular type of employment, but the more general type of education which is now envisaged may be the answer to that problem.

If the dream of the Minister for Education comes true, and if we have free education up to the intermediate certificate, or up to the level of the general certificate, will the Minister or the Minister for Education be able to supply the psychologists and the psychological help necessary in order to help the student to determine what line of education he should pursue, whether he should pursue the hand and eye subjects, or whether he should pursue a course which would lead him on to the leaving certificate and the university. If the manpower policy is to work out efficiently and effectively, if we are to have the right people with the right skills in the right jobs, and get rid of the square pegs in the round holes, we will need a great deal of care, of forecasting and of method. I do not see this as an easy exercise. I welcome the Minister's statement and I welcome more education for young people, but a corresponding effort must be made to ensure that this extra education is not wasted but is so channelled as to produce better results for our young people and for the nation.

Very often in labour relations, seemingly it is not possible to see the problems which are likely to emerge. Both sides seem to pursue parallel courses without any contact with each other until some tiny problem or some tiny obstacle on the line causes a collision which it should have been possible to avoid. In the new Labour Court which the Minister envisages there will be need for conciliation officials who will keep in touch at all times and look ahead to the problems, and try to foresee whether a certain line of conduct on either side may lead to a collision. They must in time try to head off this and prevent such a situation arising, again going on the basis that it must be a question of getting one side to see that the interests of both side are concerned in their unity rather than in their disunity, that they are not antagonists but rather co-operators in the best sense of the word. They must realise that both sides have rights and duties in their approach to this problem and that the rights and duties of one are not more sacrosanct than those of the other side. If there is that approach and if the officials of the Department can use their best efforts in this way, there will be greater hope and less likelihood of the kind of collisions that have been occurring, causing upsets and losses to both sides.

Another problem I should like to mention at this stage is that of the placement services which will fall to be dealt with by the Minister and the new Department. We cannot escape the conclusion that as we proceed into the 1970s, we shall be in more difficulty in regard to formal industrial projects so that there is an urgent problem in regard to industries which up to the present were protected and soon will have their tariff shields withdrawn in a climate which might be inclined to send some of them to the wall.

This is a problem we cannot look at too early in our efforts to minimise the hardships that might later be imposed on those industries. The retraining of the people who work in such industries is one of the more important aspects of the Minister's cares. The effective retraining of people in a certain age group is something that will require the skill of industrial psychologists and I am glad to note from the Minister's statement that he will make one of those people available in the new Department. I hope it will not be restricted to one because I cannot see how a single expert in this field can deal with these problems expeditiously if we are to be realistic in our approach to possible entry into EEC.

The retraining of young people may not present the same difficulties as that of the more adult personnel but one of the things that seem to me to be of great urgency is the matter of re-deployment of labour. I do not know what plans the Minister has for dealing with the situation but one can visualise situations of great hardship arising, cases of almost insuperable difficulties. If in certain areas industries of a certain kind cease to function, the workers in those industries must be redeployed elsewhere and a consequent problem will arise requiring the best efforts of not alone the Minister for Labour but of the unions and the employers in order to face up to the problem effectively.

Here again the Minister's Department will have to establish a close liaison with the Department of Local Government and with the National Building Agency. If large numbers of people have to be redeployed, we must realise that it is no use thinking we can get men to move from an area where they have been employed to like employment or different employment elsewhere, if they are not supplied with homes in the new areas of employment. This is a matter that will require very careful consideration, long-term planning and forecasting. I feel sure that in reference to this problem certain industrialists have been and will be in touch with the Department and I am sure the Minister is aware of the difficulties that are likely to arise.

Therefore, we cannot too soon begin to deal with plans to meet this situation. I do not wish to refer to any particular industry. I could take, for example, one close to me in Limerick city, affected by conditions of entry into the EEC or of the Free Trade Agreement with Britain because of the importation of screws and nails from England when free trade comes and tariffs are removed. I hope such a situation will never arise and that the Minister will therefore not have to deal with it. The point I wish to make is that there must be pre-planning so that we shall not be dealing with the problem when and if it arises.

The placement services come next in importance to the forecasting services. Placement is a matter that will cause most trouble, if I may use the word, for the new Department.

The Minister has taken care of the question of redundancy payments from the point of view of contributions to provide for such payments, but redundancy payments of themselves are not much good for people with family commitments. Of greater importance to a potentially redundant worker is retraining and the redeployment of his skills so as to enable him to continue as a useful member of society who will play his part in the national economy and be able to provide for his family. This is most important in so far as a worker's personality is concerned: it is something which might be passed over lightly, without account being taken of the sociological effects on a person who, having been at work and having planned his life, suddenly finds himself without that type of work. Of most importance to him is that at the earliest possible moment he should be retrained for re-employment so that his qualities will continue to be of benefit to his family and to the nation.

On the question of manpower forecasting, the Minister mentioned difficulties in regard to the recruitment of the type of personnel he requires. We realise that the assembly of information of the type required is not an easy matter, that great skill is needed. The Minister mentioned that he has a lot of figures and information. I am sure every employment exchange in the country has a lot of information but whether it will be of use is another matter. The age of a worker and his family commitments and circumstances are very important but more important still is that the employment exchange should know of the basic skill of the worker concerned and be able to say what kind of similar work such a worker would be able to perform.

In regard to the Labour Court on which the Minister has been formulating policy, I assume he has not finally determined the type of measure he proposes to bring before the House. However, I am sure he will be taking into account the views of both sides concerned in this matter. There is outside of the two bodies as we know them at present, the employers and the employees, a great body of personnel who are concerned with those fears which I consider are well grounded. I refer particularly to the conciliation and arbitration body. This body has been in existance for a long time and has been concerned with very large organisations such as the Civil Service, the teachers, the Garda, Local Government officials and so on and by and large has worked well.

I can see that the Minister's thinking in this matter is that it is necessary to bring them all within the ambit of one court and one procedure for the airing of these matters, although I am sure the people concerned who succeeded in negotiating different agreements by conciliation and arbitration, and who have had experience of what was possible at conciliation and arbitration level, certainly would feel that those are the two methods that should still be used and that full use should be made of them. Certainly, in reading through the White Paper, if you like to call it such, which the Minister circulated in regard to conciliation and arbitration, I do not think it will be the answer to the problem which the Minister sees before him. One of the things which certainly struck me in reading the comments on arbitration where a court arbitrator is used as an agreed arbitrator, is that if there is not such an arbitrator, there does not seem to be much use in telling people they are going to arbitration. Both sides must have confidence in the individual concerned that this is a free process.

The Minister mentioned he did not intend in the Trade Union Bill which he proposes to bring before the House and of which we have not got the details yet, to interfere in the court as it is at present in regard to free negotiation, that the proper approach is that the trade unions and employers must freely negotiate on these matters. One of the things which could be of use in such negotiations is the use of assessors, provision for which was made in the establishment of the Labour Court. This provision has not been used as often or as freely as it might have been used. In these matters where technical points are at issue, it is most important that anybody who sets out to try a case should be expertly advised so as to deal properly with it. Very often one is impressed by the ability of assessors in admiralty courts and by the expert advice they can give. I wonder if sufficient use is being made of this service which was to have been available through the Labour Court to both sides?

I consider that at conciliation level, whether or not there is conciliation, there ought to be available to the Labour Court an official of conciliation grade in a position to recount what took place at the conciliation meetings so as to bring the court up-to-date on the factual position before the court attempts to arrive at any final decision. If more use were made of this type of service, there might not be any necessity, or perhaps not as great a necessity, to have to deal with the problem any further.

Very important in a manpower policy and so on is the question of an incomes policy which was adverted to briefly when this matter was under discussion in the Seanad. We have had some documents on this matter but they were not full enough or deep enough to give all the necessary information. For instance, the Quinn Report which deals with basic wages, I respectfully suggest, was inadequately documented. It ought to have been documented much better. The facts on which the report was based should have been published. If this had been done, it would have given more reason for its acceptance as being a factual document in every sense. There is not much use in publishing a report if people feel it has not been inadequately documented. Perhaps the Minister will be able to tell us when the two Bills mentioned will come before us?

Mr. O'Leary

December.

I will leave the Minister to forecast it.

Which Bills?

The Industrial Relations Bill and the Trade Union Bill.

Mr. O'Leary

Christmas for the Trade Union Bill.

Is the Deputy in a hurry?

They are both at Second Stage.

The Industrial Training Bill?

Yes; perhaps the Minister will tell us about these Bills later.

There is one other matter I should like to draw to his attention, that is, the services, which one might call social services, to be provided by his Department. I should like to know if he has thought about graded benefit for employees. There is great hardship on a person who is in receipt of a good wage packet and who finds that when sickness comes his way, he is reduced to a small amount. The discrepancy is not as apparent in some cases as in others. A worker in a rural area is apparently much better off than a worker in an urban area in this matter.

If there were a graded system whereby a person who opts for higher benefits pays higher contributions, it would ease this problem. When sickness or unemployment comes the way of that worker and if he has paid more to the Social Insurance Fund, he should be entitled to draw more than the person who has paid less. I am sure the Minister will get up-to-date information on this matter from the Department of Social Welfare.

In regard to employment generally, it is easy enough perhaps to measure productivity where no services are concerned but if conciliation and arbitration services are to be brought in under the newer type of legislation, I want to put this question to the Minister: How does one measure productivity in regard to the services? By what standard does one measure productivity at that stage? If anyone in the service at that stage effects savings in relation to the work he is doing and to the money expended, a saving due to better working methods, I take it there ought to be a standard of productivity by which that is to be measured. If, for instance, £100,000 is saved by better methods in the service, then the people who effect that saving are fully entitled to their part of that saving. Otherwise, there is no incentive for them to increase productivity. As I say, when it is labour of a type in relation to which one can readily measure the output, then the reward can be seen. Where it is a question of reducing personal service, or perhaps doing work by better working methods, and a financial saving is effected, I suggest to the Minister that these people are as much entitled to their share of it as an incentive to further productivity.

With regard to the Ministry itself, I think the title is a misnomer. One might be inclined to conclude that its work is concerned only with labour. In actual fact, it is a combination of labour and management. The Minister's work is not concerned just with the labour force as such. Management is also his concern and he has functions to fulfil in ensuring that management co-operates with him in achieving the kind of results for which he is hoping.

As I said at the outset, we welcome the setting up of this Ministry. This is something previously advocated in the Seanad. We all hope it will produce worthwhile results. The Minister does not envisage any short-term results, and on that I agree with him wholeheartedly. From the point of view of the collisions which occur from time to time between management and labour, this Ministry may provide a better type of machinery designed to avoid such collisions. Manpower forecasting, redeployment, the training of young people are all long-term policies and will be achieved only in the long term. Intensive effort and intensive co-operation will be required to enable the relatives to be realised.

At all stages there must be a positive approach to the problems involved. A negative approach will not be of much use. I hope far more will derive from the employment exchange in the future as compared with the past. If placement services are to be detached from the exchanges, as they are at the moment, I would hope that these would not be too far removed from the exchanges. I would hope there would be an office close by in which the individual would be put in touch with a further opportunity for work.

We are looking forward to hearing from the Minister in relation to the other measure he mentioned. We wish him well in his venture into the field of better industrial relations. We hope this will achieve for both sides in industry some measure of lasting peace and that there will be an increase in prosperity from which all will derive some share.

Mr. O'Leary

The Minister in his opening statement remarked on the impression created that the work of his Department was concentrated on industrial relations and the legislative changes it would be necessary to introduce in regard to those relations. That, unfortunately, has been the impression. But that is not the view of our Party with regard to the functions of the Minister and his Department. For some time past, we have been in favour of the setting up of a separate Ministry of Labour.

At the annual congress of the Irish Congress of Trade Unions in 1964 a resolution was passed—it was a resolution of Deputy Treacy's, the spokesman for Industry and Commerce in our Party— calling for the setting up of a Ministry of Labour. The main emphasis at that time was on the placement of workers, retraining, and all these important aspects that go towards keeping a skilled working force, seeing it is deployed in those areas in which it is needed and generally keeping the Government of the day up to date on the employment position in the country.

It is unfortunate that the Ministry seems to have become embroiled at the moment in legal changes, many of which will not, in our view, improve industrial relations generally. This is a matter on which I do not wish to say too much at the moment, since the Minister himself appears to be undecided, from what I can gather, as to whether or not he will go ahead with his first decision to introduce legislation, and I should like him, in the course of his reply, to say whether he will postpone legislation in regard to the status of trade unions and changes in industrial relations until such time as he can get consent for any changes he may wish to make from the two parties involved. The Minister must know that any changes contemplated by him will have no prospect of success if he does not have the agreement of both the employers and the trade unions. No legal formula will be in the least bit successful if it is brought forward against the wishes of either the employers or the trade unions.

I am most concerned naturally with objections from the trade unions. There was some ambiguity in the Minister's opening speech in his reference to legislation being introduced before Christmas; he said the comments and suggestions of interested parties on his proposals had been received and considered. I should like to ask him—he can choose his own time to reply—just how far consultations must go before he brings forward this legislation and whether he has considered all he wants to consider, or whether he considers it would be more realistic that changes in this area should be phased over a longer period than he proposes now. In view of the objections, of which he is well aware, it would be ludicrous to imagine he could bring forward any legislative changes in this area before Christmas. He can go ahead quite properly with legislation in relation to industrial training and redundancy. These are areas in which he and his Department should have something constructive to offer and in which they could be helpful to those involved in industrial relations.

Certainly—and I had this feeling earlier in the year when the Department was set up—they would have very little hope of giving help to either side if they took a wrong direction. It was not the Minister's fault that earlier this year the Government took a wrong direction in regard to the ESB (Special Provisions) Act when they attempted to coerce people to work. If this sort of spirit, or this attitude of coercion, operates in the industrial relations of the new Department of Labour, then its aspirations for helping those involved in industrial relations will be short-lived.

The Minister mentioned the national industrial safety organisation, a body of which I was at one stage a member. I cannot understand why the inspectors who examine the safety precautions in factories, and very often find that these are non-existent, cannot be used to see that a safety committee is established, and also why their duties should not cover the checking of the activities of these committees. The Minister remarked that there are many factories in which these committees are not functioning at the moment. Surely it would be a proper function if the inspectors coupled with their ordinary activities this kind of check-up on the committee's activities to see how they were working?

In this regard we should bear in mind the number of man-days lost through accidents. The total is very alarming. We should keep that in mind when talking about the number of man-days lost through strikes. Some of the ideas advanced by the Minister's Department at present in relation to the Labour Court are extremely alarming. If we are to hand out bouquets, then one belated bouquet should be handed to the Labour Court which has done a tremendous job in the past but which has received scant respect officially. For years the court was housed in Griffith Barracks, although I understand that it has now been moved to a more affluent centre. The court has a record of 95 per cent success at the conciliation level, between employers and trade unions. From what we hear of the Minister's proposal, it would radically change the character of the court. It does not matter if you put the court in a well-furnished office because if you change its character and function then it does not give it much chance to bring peace to workers and employers.

The public service unions have given warning that they are not too happy about the arbitration proposals under the new Labour Court and also we are very apprehensive about the overall impression we get of Government domination in regard to the staffing of the court and the number of judges and so on. If the Labour Court departs from its position of being a purely voluntary body which brings peace as a result of impartial examination of the problem before it and if it becomes a shortcut to handing down an arbitrary decision, its days will be numbered. It appears to me that the Minister should think again and that he should bear in mind the proposals made by some of the realists in industrial relations in regard to how they see the court's future being more assured and its function more effective. The last annual report of the court, in 1964, shows that of 405 disputes dealt with only 29 were not settled. That is a very high record of success. Out of the 29 which were not settled only six resulted in a stoppage of work. The previous annual reports give similar pictures of success.

The major point at which we could see the court's work being of benefit would be in regard to conciliation, having more conciliation officers, giving them an established grade and also in regard to the matter of the court's recommendations. The complaint was made in the past that when a recommendation was issued it was too general and that it did not give specific reasons, where possible, for the recommendation. It is extremely difficult to explain to members of trade unions why the court decided in a certain manner. It is extremely important that the tripartite nature of the court should be preserved. If we do not preserve it, the court will not be used by the parties we want to use it, the trade unions and the employers.

There is nothing wrong in saying that the conciliation service should be extended so that officers would actually have power to investigate industrial disputes which appear to be in the offing and which have not come to the official notice of the court, disputes which anybody could see arising. Perhaps they could be made mobile so that they could go around the country investigating disputes before they are actually under way and leading to trouble for the community in general. Another complaint in the past is that when the services of the court are sought by a body of workers these services should be available within a given period. Too often in the past it has been the case that the court's services have only been obtained if the workers are strategically placed and are important in the community.

If workers happen to be in a small factory in the country its services may not be obtained. The excuse was that the court was understaffed but the solution is to increase the staff in order to provide for two or three hearings in the one day and also provide the necessary cash, because money spent on expanding and extending the services of the court will be well spent.

Up to recently the history of the court has been one of success in regard to industrial relations. We would be extremely sorry to see the new Department regard as its function the abolition or radical changing of the court's character. I hope that the Department's officials will listen with all due respect to the older practitioners in this field of industrial relations and take their advice as it is intended, in good spirit. The advice given by some of these people is meant sincerely to improve the situation and it is not tendered in any carping fashion.

I am still somewhat uneasy about the Minister's statement because at one stage he leaves me under the impression that there will be consultation with the parties and later that the consultation is over. I would advise him strongly, even if it means less legislation to the credit of the Department, to ensure that any radical legislation which would not have full backing should be phased out, even if it was over five to ten years. The trade union movement, it should be remembered, demanded only one change in recent years in matters affecting its own function and that was in regard to the problem arising out of the Educational Company of Ireland Act. That Act weakened the trade union movement in the pursuance of disputes but the trade union movement, after the Supreme Court decision, asked the Government to amend the position so that the unions could preserve their former powers.

Beginning from this request and decision, all the other matters have come in for a global change in industrial relations and a change in the status of trade unions. I would advise the Minister very strongly that these global changes are not necessary and that the solution of industrial disputes does not lie in any legal formula. This is an area, as I have explained already, in which relations between employer and employees are not susceptible to legal formula. It appears to me to express the position when I say that there is no legal shortcut to industrial peace. Any Department or any Government who think that a few changes in this area in industrial relations and in the status of trade unions will result in pulling the teeth of economic unrest will make a big mistake. When trade unions have to go on strike, economic discontent is the basic reason. We must allow such forces to operate in the form of democracy we have.

To be fair, it must be said that the trade unions themselves have been doing a great deal of work in reforming the structure of their own movement. In recent years, and with very little newspaper publicity, they have formed what they have called industrial groupings and have put into these groupings unions that cater for roughly the same kind of workers. Their long-term objective is to find such groupings actually beginning to negotiate for a whole body of workers together. In other words, they have been taking a realistic and wise course. They have been attempting to mobilise the consent of unions involved in industrial relations, the consent both of the executive and of the members in getting them to act together.

It cannot be said too often, although it may appear to outsiders to be more a subject of humour than an actual description, that the trade unions are democratic bodies and you cannot get unions to come together by waving a big stick. It must be done over a period and the advantages of one union working with another must be seen operating in practice. The trade union movement we have is a legacy of historical forces, the craft unions being set up as branches of British unions and then the great advance at the turn of the century in general unions. This historical legacy left to the Irish working class cannot be altered in a day into one great rationalised central body all acting together. It happens to have different traditions and many people are very loth to leave the associations of which their fathers were members.

Congress has been taking a realistic look at the position and as a first result, we have this grouping of unions together into broad industrial groups. They hope in future to staff these with officers who will give information, economic data and statistics, to officials involved in such groupings. It appears to me that the Minister and his Department would do well to listen to the experts when it comes to reforming the structure of the trade union movement from within and to depend on the fact that only by the action of the trade union movement itself can any rationalised changes in the structure of the organisation of the movement be brought about. It can be done only by the direction of the trade unions themselves and with their consent.

The Department of Labour would have all our encouragement in hurrying up as regards pushing forward this Bill relating to redundancy because up to a few weeks ago practically every month or so we had one factory or another going out of existence. At this moment there is absolutely no provision for any kind of redundancy payment for workers put out of work as a result of their firm amalgamating with another. I do not think we can look for any enlightened attitude in trade union negotiations with employers as a result of redundancy if no provision is made for displaced workers.

I do not think there will be a future for the kind of agreement that we would all like to see coming into fashion, the kind of agreement we think desirable for the future, the productivity agreement, or any hope of securing the future unless we look after such problems as redundancy and training or retraining of workers. I do not think the Department should drag its feet in these areas which are most important ones upon which to concentrate. By all means, it may drag its feet in regard to the rationalisation of trade union law, especially if it means not listening very closely to the only realists in this matter, the trade unionists and the employers. If you are not in touch with those involved in negotiations day by day between employers and employees, you are apt to make grave mistakes. I should not like to see this Department make grave mistakes.

The Minister refers to the possibility of securing skilled forecasters in the area of manpower policy. This is something we called for many years ago and it is extremely important. It is certainly one of the essentials if we are to have policies geared to full employment. You must be able to forecast what the labour position will be over a period of years. The Minister claims that such skilled forecasters are not in evidence at the moment in the field of statistics. He says that he hopes to be able to obtain them in the near future. This is an area on which his Department should concentrate and an area in which they could do very useful work. One of the things he is calling for as a desirable change in this area is the idea of giving an official strike a legal definition. I do not think that desirable and I think the Minister is inviting trouble in seeking such a definition. I cannot see how it would be helpful in the present situation.

His proposals about the voluntary amalgamation of trade unions are good but, as I have said, Congress itself is doing extremely valuable work through its grouping system. This is an area where mistakes may be made and in fact goodwill may be lost by the Department.

The idea that a negotiating licence should be granted at the discretion of the Minister and his Department is an extremely serious proposal. It is a concession that I do not think the Minister will receive from the trade union movement. It is a proposal that hits at the independent life of the movement. As regards this proposal of giving negotiating rights to a group of workers catering for a particular industry, I should advise the Minister and his Department to look very carefully at what Congress itself is attempting to do by its own means in the way of amalgamation and rationalistion. This is being done voluntarily, and in the long term, is likely to be more effective than what is contained in the recommendation of the Minister. It appears also that freedom of association which we accept under the International Labour Office would be seriously endangered if a new principle were adopted like an appeal on the group negotiating licence to the High Court.

The comment has been made that this is put in a stronger way than in Part III of the earlier Trade Union Act which was declared unconstitutional. I certainly would not like to see the Minister and his Department becoming a quagmire of conflicting legal claims, constitutional and unconstitional, freedom of association or not. There is a great deal of work that his Department can usefully do. I would suggest that in regard to the judicial concept of relations between employers and employees, he should not proceed too hastily in this area, if he wishes to proceed at all. If he wishes to be helpful, as I know he does, he should proceed in this area only with the full agreement of those engaged in the sphere of industrial relations, the trade unions and the employers.

This may mean that the Minister will not be able to notch as many changes in the law in this area to his credit as he might wish. However, the easiest job anyone could do is to make changes in the law affecting trade unions and conditions of work. It would be quite otherwise with the day-to-day relations between employers and employees. I would far prefer to see the Minister and his officials making progress in regard to such humdrum activities as re-training, the employment service, seeing there is a proper redundancy service brought into being, and employment forecasting.

The employment service is a section which has been taken over by the Minister from the Department of Social Welfare. A long time back when we were calling for a Department of Labour, if we could not get a Department of Labour—and the Government seemed to be adamant in their refusal to set up such a service—we asked, that, at the very least, an employment service be set up under a separate authority. Considering the kind of social welfare benefits handed out and the poor law atmosphere of a social welfare office, one realises it is not the best place to discuss the employment prospects of any individual. I would, therefore, ask the Minister, considering the importance of a proper employment service and of seeing they are staffed with people who know about the labour market, whether it would be possible to have this office separate from the Department of Social Welfare.

A great deal of the resurgence of interest this year in industrial relations has been due to what people imagine to be the number of strikes we had. It cannot be said too often that, according to our last survey on the matter, the majority of strikes occur over such things as conditions of work, dismissals and suspensions, at the level of the individual firm, between employer and employee. I should like to see the Department of Labour concentrate on another very valuable area, namely, the study and implementation of a grievance procedure in each firm throughout the country. The kind of industrial relations existing in a country at any given time must be the sum total of the relations between employers and employees in each individual factory. If the relations between employers and employees are not good at the level of the individual factory, and if this is the case in a number of firms, industrial relations over the country will not be good. I should like to see the Department concentrate on this humdrum area, an area which may not reach the headlines but in which serious disputes beginning from a very small origin may erupt at any given time.

Some years ago the trade union movement, with the employers, drew up a series of guidelines on how the grievance procedure should operate at the level of the firm. This is an area in which the officials of the Minister's Department could engage in order to see whether any agreed code of principles, a mode of procedure, could be drawn up for introduction to firms. It is no secret to say that in Irish industry a grievance procedure, a method whereby the ordinary worker can air his complaints at the level of the firm, is virtually non-existent. Irish management appears to operate on the basis that this is Ireland and we do not need any complicated procedure for meeting our workers, that they can always complain, though goodness knows to whom. The more we transfer the conduct of our industrial relations away from this kind of amateur, hit or miss basis, the more successful we shall be in the long run. I should like to see the Minister use his influence with his Department to emphasise to employers the importance of preserving good relations in matters concerning conditions of work at the level of the firm.

I do not wish to put my big foot in it, because I recognise the Minister is—at least I hope he is—involved in delicate negotiations at the background of our discussions. I would emphasise to him, however, that even for political reasons we do not wish to see this Department come a cropper. The role which this Department has to play in industrial relations is much too important to see it become a casualty for the wrong reason. I remarked before that the Department could easily become a casualty if at the very start it loses the confidence of the people who are involved in industry. It will lose that confidence if it concentrates on the wrong things. If it concentrates on the area I mentioned, retraining, redundancy payments, the employment and placement services, if it concentrates on apprenticeships, the provision of skills for people, if it concentrates, as the Minister said in his opening speech, on matters that affect the welfare of workers, it will secure the confidence of those involved in industrial relations.

If however, it becomes involved in a wrangle over the constitutional position, or becomes involved in tilting at windmills, if it starts to tilt at trade union status, or if it tries to deprive the trade unions of the rights they have always enjoyed in the conduct of industrial disputes, it will lose this confidence. If it loses the confidence of the trade union movement in its efforts to improve industrial relations, then its days of usefulness will be numbered. Therefore, I would urge upon the Minister in regard to any legislative change he may have in mind, that before he brings any such change before this House, he and his Department should be absolutely convinced that it has the consent of those involved, the trade unions and the employers. This consent will be got only by speaking to them frankly about all the problems involved. If there is utter objection to measures which he brings in here, if it is the function of his Department to help in this matter of industrial relations, the measures should be dropped. This is the realistic and the most important thing to do in industrial relations and if you are to be successful you must be realistic.

If the Minister adopts the criterion of remaining realistic in his help and work in this area, then, above all, he must be extremely careful as to how he deals with the Labour Court as at present constituted. By all means, expand its effectiveness by improving the conciliation service, by extending the divisions of the court so that it can meet more often, by making its recommendations more accurate, by ensuring that the recommendations of the court come out without undue delay after a dispute has arisen and that the recommendations are spelled out in as much detail as possible, with an explanation as to how they were made. If one were to concentrate on these areas in improving the efficiency of the courts one would be doing an extremely good job.

On the other hand, if one becomes involved in legal manipulations to change the character of the court, one loses the confidence of those who have been using the courts up to quite recently and the free collective bargaining system that has grown up will be affected.

The Minister should remember that he is dealing with what has been relatively a success in our industrial relations. It is the keystone of whatever industrial relations system we have set up. Largely, it has enjoyed the confidence of the trade union movement and they have used it extremely well. Figures are there to prove that cases that have been brought to the court have been brought to a peaceful conclusion. It appears to me that before we tamper with its working we should be extremely careful and consider the reasons for any changes that may be proposed.

I hope the Minister, in replying to the debate, can assure the House that full consultation will go ahead with the parties involved in industrial relations, that there will be a postponement of any change in laws, that he will cease to raise any great objections, that he will, if you like, adopt that old trade union practice, "Go slow" on these measures. If these measures do not enjoy the confidence of the people involved, the employers and, in particular, the trade unions, they will be of no avail.

Remember, we do not intrude too deeply into relations between employers and employees. The State should preside over a situation. If our community is forming pressures and if there are conflicts between employers and employees, if we live in a democratic State, on no account should the State tilt the balance in favour of one or the other. If the State departs from a neutral position the State assumes a very dangerous character in the eyes of one section involved in the conflict. I am not one of those who become depressed at conflict between employer and employee. If the economy is going ahead in a healthy fashion these conflicts can be cut to a minimum. We should avoid unnecessary disputes but let it be understood that, since we live in a democracy, and there are different interests represented by industrial employer and employees, conflicts and industrial disputes are bound to occur and we cannot avoid them. The only thing is to clear our minds so as to ensure that negotiations are undertaken before this happens, to see that our industrial relations system is effective and sensitive to dealing with the problems and, above all, that the Labour Court functions as effectively as possible. If the conciliation section of that court could take an even more active part in finding out when disputes are occurring it would be that much more effective.

This Party called a long time ago for the setting up of a Department of Labour. We mentioned the things on which that Department should concentrate. This Party still holds to the view that the really vital matters which this Department should concentrate on are in the areas of employment, service, retraining, ample provision for redundancy, manpower forecasting and apprenticeship in general.

There is one last point that I should like to make. I am rather at sea about the relationship between the Apprenticeship Board and this Department. If the Minister could give us a little more information about the overall functioning of the Department in regard to the Apprenticeship Board it would prove extremely helpful. These are the areas that I should like to see the Department concentrate on. One final word: You must have the confidence of the trade unions if you wish to change the status of the trade unions in law. Proceed extremely slowly in this area. Be suspicious of any results that appear to come too rapidly in this area. Above all, remain in touch with the realities of the situation by seeing that all changes are made with the consent of the people involved.

I should like to agree with Deputy O'Leary in so far as he says the Minister should go slow in introducing legislative proposals. I was one of the people in this Party who proposed that the Government should set up this Department and I was impatient about its being set up. If at times I or other people might seem impatient about getting new proposals from this Department the Minister must excuse us and resist all attempts that any of us might make to push him too fast. It is not my desire to push the Minister too fast and it is not the desire of anybody who is interested in the welfare of the Department. As Deputy O'Leary says, the Labour Party and the trade unions and everybody interested in this field of Government wish the Department well. It is to nobody's advantage if the Department should run into difficulties.

We realise that if any proposals which emerge from the Department are to be successful they must of necessity take time. Interested parties must be consulted. Their views must be respected. The intentions behind each proposal must be clearly explained and understood. It is most desirable in the case of this Department that, where possible, agreement should be obtained from the interested bodies before legislation is introduced.

We do not often dwell on the achievements of various Governments in this matter of labour relations and labour legislation. Great strides have already been made. The Minister has referred to the strides already made in relation to conditions of employment, industrial relations, services, apprenticeship, conditions in factories, shops, offices, mines and quarries. In other words, even though there was no Department of Labour as such, except in the very first Government of the State — the Department of Labour which disappeared and became involved in the Department of Industry and Commerce and the Department of Social Welfare—the Government have always had a policy to protect and foster the interests of the workers. That applies most particularly in the case of Fianna Fáil Governments.

The Minister has already put forward proposals to amend the Industrial Relations Acts and the Trade Union Acts and some misgiving has been expressed already in this regard but I understand that consultations have taken place and are in process of taking place and we can only wait and see what the final outcome will be. I imagine that it will be some considerable time. In view of the Minister's statement that he intends to have discussions with all the employers organisations and all the trade unions, obviously it must take some considerable time before any final proposals come to the House for consideration.

While I agree with Deputy O'Leary in general, I think he goes too far with his expression of caution. Many of us agree there is need for change. It is well over a hundred years since the basic legislation dealing with trade unions and employers was drawn up and it is fundamentally the same today as it was 100 years ago. It is only the conservative element that would oppose change out of fear of change. But we are living in a world of change. We must set our house in order to deal with modern rules and procedures designed especially to suit modern Ireland, which means increased participation in world affairs.

In these proposals the Minister intends to draw up panels of persons having qualifications in economic, social, industrial and legal matters who will act as additional members of the Labour Court. In the proposals as we have seen them there is nothing about these people being appointed after consultation with the representative bodies. If these panels are to be drawn up they should only be drawn up after direct consultation with the representative bodies.

My remarks are aimed at making the proposals before us more acceptable. Regarding the Labour Court, which Deputy O'Leary dealt with, I agree with him to a degree. But I think what we require is something similar to the present situation, that is, the usual conciliation and arbitration services with a public hearing before the Labour Court if necessary, but subsequently to have a final court of appeal available which would be binding, as is envisaged in the Minister's first proposals. Many a pending strike has been averted by the threat of a public hearing. Such a strike could not be avoided in the future under these proposals as we have seen them if either side refused to go to the Labour Court for fear of an adverse decision that would be binding on them for three months.

The last occasion I was speaking on this subject was the debate on the economic situation. At that time I pointed out that certain human factors had to be taken into account when bringing about the amalgamation of trade unions, that ordinary human emotions were involved and could prevent such amalgamation. For instance, a long-serving paid official might be in danger of becoming redundant. Even an honorary officer, who had gone every year, say, to the Irish Congress of Trade Unions and spoken as an honorary executive officer of his union, might find himself with much lesser status in a bigger trade union. When it comes to the push the rank and file members are usually proud of their trade union and its traditions and are reluctant to let a small union go into a bigger one.

I dealt also at a subsequent date with the question of the legal costs involved. We have three trade unions catering for the engineering industry. This will shortly be reduced to two. The two unions amalgamating have found that it will cost them well over £1,000 in legal fees to bring about this amalgamation and get the necessary searches done. As a first step, I think the Minister must have a legal official attached to his Department who can do the necessary research, look up the various rules and attend to all the legal matters that might arise. This should be done at State expense.

Secondly, there must be a redundancy scheme for officials who may become redundant and unemployed. If it is Government policy that trade unions should try to get together, if possible in the groupings for the various trades referred to by Deputy O'Leary, then if they are brought together there is going to be redundancy. This part-time official going to become redundant, who has worked hard to get into his position, will be able to influence the members of his union.

The same ideas should apply here as apply in the case of industry and commerce. If two industries get together for any sort of amalgamation, such as the GNR and CIE, when redundancy occurs the Government bring in a special redundancy scheme. The same applies to the amalgamations we read about between Players and Wills and Dublin Dairies and Merville. While no negotiations have taken place between Shell and Munster Simms, the union made it clear that they took a serious view of it and insisted that such discussions should take place. In this sense the trade unions are a business just the same as any other business.

In order to bring about the desirable situation of one trade union catering for all groups of workers in a particular class, it should be made as easy as possible for the unions to join together. It should not cost them money. If anybody loses his job or becomes redundant, there should be a State-assisted scheme to enable these people to go out on pension or get a lump sum. You will find that, if such a scheme could be brought in, reaction amongst the rank and file members to any proposed amalgamation would be much improved.

Another thing that concerns me is that the actual rules of various trade unions can vary a great deal. This applies not only to how labour might be withdrawn but it can also affect the election of executive officers. The system of the block vote, the X vote, where you must vote for so many people, tends to make it difficult for an ambitious trade unionist anxious to get on the executive to do so if the people at the top do not want him. I agree, however, that this may have a built-in safety valve, because the people at the top are mostly reasonable men of experience and integrity with the maximum goodwill to the declared intent of the Department. At the same time, the differences that can exist in the rules between one union and another can cause difficulty and would certainly cause difficulty if those unions were planning to get together.

Another matter that occurs to me concerns State employees. Reference was made to them in the Minister's speech, but the point is that some of them, to the best of my knowledge, have no staff association. It is the Minister's intention but it should be spelled out clearly that all State employees will have access to the Labour Court constituted as I have said without being binding in the first instance.

I think the proposals we have heard regarding education and career guidance are accepted by all. Everybody is impatient and says the Minister should get on with this as quickly as possible. But, as against this, Deputy O'Leary, in concluding, wanted to know something more about the Apprenticeship Board. Recently, I understand, the Minister sent a letter to officers in the apprenticeship authority asking them to make suggestions, either under their own name or anonymously, as to how improvements might be made. This is a good idea. I have spoken to some of these people. They all have ideas of their own as to how things might be done better in the future. They were a little confused, however. There was some reference in the letter to the Department's being a development authority. I had hoped to have a copy of the letter with me today but I have not. I should like to go along with Deputy O'Leary and to hear a good deal more about the Apprenticeship Board, its work and what is foreseen for it in the future, when the Minister is replying.

With regard to ordinary industrial relations, I think the key to the secret here is a question of people not being sufficiently frank with each other. If employers gave the maximum information as to their profits and their costs, as to their markets, as to how they would need more production in certain fields or how they could not pay so much wages but were the first to offer an increase when it had not been sought when things were going well, a much better relationship could be brought about. But all of these things in the traditional small Irish business must be kept absolutely secret and this has been handed down from father to son. In the case of some of the bigger giants throughout the world, this information is freely published. With big companies such as ICI, and so on, a great deal of information is freely published.

When the Government are giving guidelines as to what the economy can bear in the way of increased payments, I believe they could better be understood with more adequate information emanating from the information service the Minister intends to set up. Likewise, the trade union representatives could bring about a better understanding of their position by expanding on their reading of national figures and their reading of the trends which bring about whatever claim they intend to make in the way of a national round of wage increases. It is this fencing and this trying not to put your cards down on their backs face up which, to my mind, causes a certain amount of suspicion. If an offer is made, without the full picture being shown, the person who has heard that offer will probably say to himself that that is just the minimum they are prepared to go to on the point of negotiation.

My main reason for speaking today was to refer to the question of the integration of trade unions and to refer again to the National Engineering Union and the IETU who, I believe, might have been more reluctant to amalgamate had they been aware of the vast legal costs that were involved. and, furthermore, to ask the Minister to think of the human problem of the redundancy of paid officials in the event of an amalgamation. If these two points are thought out and proper proposals are brought forward with regard to them, then such amalgamation will be easier to bring about in the future.

If we need a Department of Labour, that is, if the work to be done by this Department cannot also be done by the Minister for Industry and Commerce, then it is a pity that the Department should be born in the climate of bad industrial relations that has obtained for the past couple of years. I think we will accept that, between threats of strikes and actual strikes, there have been a large number of industrial disputes over the past few years. Many of these were disputes because the highly rising cost of living had made workers feel the pinch and feel they could not exist without greater pay coupled with a bad situation where, in many cases, employers, mostly small employers, found themselves unable to pay. There were also cases of industrial strife in State and semi-State companies and these industrial strifes were very often the result of bad labour relations.

I think that, most of all, the root evil that brought about the strife for the past number of years was the 12 per cent wage increase arranged by Fianna Fáil at a time of two by-elections, neither because of its being too large nor any reason like that but because it did not go into any of the depth of detail that was necessary in any type of general wage increase that was to last for two and a half years. Inevitably, as prices followed the wage increase and as the workers found themselves back where they were in, say, nine to 12 months with a year or 15 months to wait for a further increase the resistance of the group of employers who felt they had paid too much on the occasion and the demand of the worker who found himself worse off than he had been brought about this situation of bad industrial relations and industrial strife.

We were immediately reminded, and reminded again, that the only method of conciliation we had was not conciliation at all but confrontation and the only time the Labour Court, any Government agency or any intermediary came into play was when the horse has left the stable, when, in fact, there was a strike, threat of a strike or a dispute in evidence and the activities of the Joint Labour Committee set up by the Labour Court and the joint industrial councils were the minority rather than the majority in all labour relations. In such a situation, there has been born in the Government's mind the view that something should be done about it and they decided to set up a Department of Labour. As well as setting up a Department of Labour, they have issued a series of proposals for the amendment of the Industrial Relations Acts and Trade Union Acts. I intend to examine these proposals here tonight and also to make what I consider to be a fair appraisal of the problem as it is and how it should be faced.

The first cardinal point I should like to make and which in my view must be accepted by employers and employees is that you can bring a horse to the water but you cannot make him drink. If I am sent to jail tonight for stealing £10 from Deputy N. Lemass or Deputy O'Leary, the punishment is not that of being sent to jail for three months but that my standing in the community and my creditworthiness are gone. If I am sent to jail tonight because I have illegally picketed, then, if I am a member of a trade union and normally associate with my fellow members, there is no stigma upon me. In fact, I am a martyr and a hero. When I come out of Mountjoy in a month's time, there will not be for me the finger that points at a thief or other criminal but there will be the finger that points at a hero and there will be the comment: "There is the fellow who stood up for us." There is a corollary in the experience in relation to the Irish Creamery Milk Suppliers Association and, indeed, in the happening outside now with the NFA which it is indicated might end tonight. These people were prepared to go on strike. They knew that when they went home to their little parishes in Ireland there would be no stigma. The first principle, and the first principle accepted by the Minister and the Government, is that force does not work. You have to get some sort of situation whereby you can get agreement between the employer and employee on the course of action and a situation of peace which would be accepted by all sides as far as reasonable.

I want to suggest to the House and to the Minister that conciliation after the event is of no use and the only way we can get anywhere on this is by producing a system of contract of service. I would suggest that instead of the proposal he has produced there should be a proposal whereby either a union or an employer, or an employer's organisation, might apply to the Labour Court to have a contract of service recommended for the particular work, whether it be in a sector of industry or a new concern it does not matter. But there should be the right of either to apply for a recommendation of a contract of service.

This contract of service should cover many of the things we will give away to employees in the next five years by the confrontation system as well as by the strike system. It should cover superannuation and pay. If there is a dispute, before a worker goes on strike and his trade union are prepared to take strike action, they will approach the Labour Court and follow a certain set procedure whereby there will be plenty of time to discuss the matter. On this basis, we should now specify that a union, a group of unions, or a group of employees, who are prepared to go into this contract of service will know about such things as service pay, longer severance pay in the event of disemployment and the general basis of work in the industry.

Let us accept—Deputy O'Leary mentioned trade unions and the amalgamation of two oil companies where there was extreme anxiety because there was no provision for redundancy —that if somebody is working for 20 years and for any reason is disemployed he should not be handed a week's pay and let walk out the gate. This should not happen in 1966. If we are to expect anything better it is surely that there should be less conflict and less strikes. We should have a course of action and a contract of service that could be applied by either the unions or the employers and a recommendation should be prepared by the Labour Court which could be accepted by either or both but in the event of it being accepted by both it should stand for one year and be reviewed thereafter.

Whether we like it or not, crippling inflation is with us and as the months and the years go by the value of money will fall. This is highly regrettable and causes political controversy at times. If there are to be corrections in wage levels these corrections are necessary for one-year periods. It would be far better, for example, if such a period had been adopted in the case of the 12½ per cent. If it were a year there could then be an adjustment so that prices and wages could follow a logical pattern. The present system of the irresistible force meeting the immovable object or a bargain like striking the hand at a cattle fair would not then exist. There should be a Christian outlook, taking into account all the details, the conditions of remuneration, rates for a man after a certain number of years work and so on.

The Government should look again at their proposal for the amendment of the Industrial Relations Bill. I would suggest that there are certain things, if my concept is accepted that are wrong in the Government's proposals. The Minister suggests that the Chairman and members of the Labour Court will be appointed by the Minister. Under the Trade Disputes Act, 1946, the Minister designates an association of the unions that shall have representation on the board. Thereby the Labour Court representatives and the employees also provide this. In regard to joint labour committees, the Chairman of a joint labour committee—one upon which Deputy O'Leary served for years —was a well-known Deputy named Deputy George Colley and the two independent members were appointed by the Minister. Then there are members appointed by the trade union and employers' representatives. If one member is absent they will equalise, in effect, and then the award is made.

I would suggest that for the Minister to appoint entirely and absolutely all persons to be members of the Court, even after consultation, is a mistake. I think a trade union, and the employers' organisation should have, when the Minister has appointed an independent chairman, the right to appoint their members. The objection to the panel assistance mentioned is of a similar kind. You cannot make a horse drink if he does not want to. If the Labour Court is to function it must operate in such a way that both sides can approve. One of the serious suggestions of the Minister is that three months after an arbitration award is made by the Labour Court the Trade Disputes Act, 1906, will not operate. That means no picketing. I suggested when I opened my remarks that arrest for picketing is not the same as arrest for stealing £10 from Deputy Lemass's wages.

You have to produce a set of laws and guidelines for the Labour Court and for industry—rules which will be accepted. When you have trade union members picketing who will continue to put 50 more on picket when you have taken up the first 50 you reach a situation in which the State and the whole conciliation machinery have been thrown overboard.

The main basis for forward movement should be contract of service and a recommendation for such by the Labour Court and free negotiation within and eventually, if it becomes necessary, picketing if there is a contract. You may as well accept that in 1966 you will not get a remedy for the strike weapon.

The right to withdraw labour is en-embedded in the worker's mind. As an employer, I know that. The workers feel that if they are wronged, they have the right to go on strike. Every artifice should be employed to see to it that this is the last resort. Every action of the Minister should be designed towards that end but in the interference with strike if a strike occurs the Minister will fail. I, as an employer who would hate to have a strike, want to assure the Minister that I believe in the fundamental right to strike. I believe it is there and whether an arbitration award is made or not, we must leave it to the worker to accept it. If he does not accept it, then there are certain other things that can happen. For instance if there is a contract of service and if it is accepted, and during the intervening 12 months, it is invalidated completely and absolutely, things like severance pay can be withdrawn. The penalties for the invalidation of such a contract of service can be set down, and I am fully aware that in the succeeding negotiations, if there was an illegal strike, one of the things that might arise is the complete re-instatement of workers without penalty of any kind. It is still a talking point, something on which you can discuss the matter, and it does give the worker, once a year, the right not only to discuss his wages but to get down to the depth of his service, to get down to his rights and his wrongs and to get to the stage where he feels he belongs.

It is true that, seniority excluded, the worker in industry at the present moment could find himself on the pavement with one week's wages in his pocket. I do not think anyone can contradict this. It is true, and if major redundancy or a change of policy means that as the "first in, last out" principle applies, the handing of the cards to the senior man also applies, then that senior man may find himself, unless the union to which he belongs is in a strong position, which it might not be, to have negotiations with that employer and try to force something from him, that man may find himself on the street with one week's wages in his pocket.

If you are to get responsibility from labour, you must go far deeper into the thing than these Government proposals do. Let us face the fact that these proposals have been the subject of criticism already. I quote from the Irish Independent of September 28th, 1966. The column is headed “Warning of Conflict on Union Law”.

The trade union movement might well be on the brink of a serious conflict with the Government on the issue, said Mr. Donal Nevin, assistant general secretary of the Irish Congress of Trade Unions, referring to the Government's proposals for radical overhaul of trade union law and industrial relations legislation, in Dublin yesterday.

Mr. Nevin, who was addressing the delegate conference of the Irish Bakers', Confectioners' and Allied Workers' Union in Four Provinces House, said: "Even at this stage we would hope that the Government would take another look at this dangerous and undemocratic legislation and see that here again the view of Congress is the wise and correct one".

The trade union movement, "without a single dissenting voice", had already rejected the proposals, he said.

My view of the matter is that everything the Irish Congress of Trade Unions say about this matter is not right. Everything the Federated Union of Employers say is not right. But I would say this: the Minister is a very patient and amiable man and it might have been better if this set of proposals, which I hope are only a kite being flown in the wind, had never been produced to the light of day and if the Minister had not decided to go through these lengthy negotiations which he now tells us will be extremely protracted.

The Minister should try to get a formula whereby the employer could feel that he would have a continuance of service, and good service, from his employees and the worker would feel that he belonged a little more than he feels he belongs at the moment. In times of rationalisation, the redundancy of workers and all the rest of it, the worker would have this contract of service specifying in detail his rights, the service required from him and the procedural activity that would result from a disagreement. If the procedural activity were lengthy and detailed, he would know that any improvement in his conditions would be retrospective and that if that improvement were in the number of hours worked, he would be paid for the hours he had worked from the time the claim was made. In my opinion, the contract of service should not run for more than a year, because creeping inflation is not only with us but sometimes even passing us at a gallop.

The Minister has an odd sort of situation in relation to his proposals for tribunals and committees in organisations such as the ESB. He says that the ESB may still have tribunals so long as that does not have repercussions on outside employment. I do not know what to say about this because I should like to hear it gone into in more detail, and if the Minister in his reply would do so, I should be very much obliged.

I should like to make the position of this Party clear in relation to the recent ESB Bill which has been the subject of some comment. Our position is quite clear. It is this: this should never have occurred. There was great laxity and the situation was allowed to develop wherein essential services such as the ESB had not had the detailed set-up provided for them which would obviate the danger of a strike which would put light out all over the country. We felt that in the crisis which existed, we had the responsibility to vote with the Government to see to it that the light did not go out. But we moved an amendment. We made our position quite clear. We regarded this as a temporary measure, the shame and blame going right back to the Government, and we felt that this temporary measure should operate only until such time as a proper arrangement was made whereby the ESB workers and the management would have agreed services and conditions which would mean that this would not occur again.

You put a time limit but there was no guarantee that when the time limit expired, supplies would be assured.

We suggested by amendment that the legislation should stand for six months.

Agreed, but there was no guarantee that the current for the people would be assured just inside six months.

No. We said there was a crisis and we were prepared——

You voted with the Government before, too.

We did in 1957.

On the ESB Bill.

Our position is that we, by amendment, suggested that this should not be a permanent piece of legislation. It should be a temporary piece of legislation for a crisis situation which was the fault of the Government. We did not vote to get the Government out of trouble. We voted to get the poor fellows who were milking their cows and the doctors and the patients in hospital out of trouble. If there was a crisis situation tomorrow, we would have to do the same sort of thing. But we say it is the Government's fault that this occurred, in that they did not set up any arrangement and agreement whereby this would not occur. In fact in some of the employments in the ESB, there was grave and proper dissatisfaction.

Progress reported; Committee to sit again.
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