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Dáil Éireann debate -
Wednesday, 5 Mar 1969

Vol. 238 No. 15

Trade Union Bill, 1966: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time".

When I moved the adjournment last night I had been dealing with some of the points raised in interventions by Deputy Tully. I should like now to give some comments on the speech of Deputy O'Leary, and I quote from column 1352, Volume 238 of the Official Report of 27th February, 1969:

The most marvellously organised industrial relations system that the mind of man can devise, which may never yet have been seen in any country on the fact of the earth, if brought into legislation by this Government of reality in this year of 1969, could do nothing to banish industrial discord while 38 per cent of all industrial workers have a wage of less than £11 a week and 52 per cent of all industrial workers earn less than £13 per week ...

The point Deputy O'Leary was making was that basically speaking it is the low wages of the lowest paid workers which are at the root of industrial discord in this country, and I am afraid I rather upset the Deputies on the Labour benches when I pointed out to them that this was a matter which was already very much in the minds of the Government. It had been the subject of a direct approach by the Minister to Congress with a proposal that the Government would be prepared to consider raising the rate of wages of the lowest paid workers on the undertaking by Congress that those who were next above that lowest rate would not seek for maintenance of the differential, so that this increase would not start a new wage round. So far this matter is under consideration by Congress, but it was obvious last night that Deputy Tully, in particular, was insisting on the maintenance of the differential and on the maintenance of a proper differential for the workers in the craft unions.

This brings us back to one of the basic flaws in Labour Party policy, in that the Labour Party and, in many cases, the trade unions, too, are maintaining a rigid class system which they do not wish to revise in any way. At the same time, spokesmen such as Deputy O'Leary are shedding crocodile tears about those who are drawing very low wages but, quite clearly, he is not prepared to approve any system whereby the lot of the lowest paid can be improved unless everybody else goes up as well. The view is that those who are lowest paid will damn well have to stay in that condition for all time.

It is no use anybody increasing the wages of the £11 a week man to £13 if, as Deputy Briscoe has pointed out in his contribution to this debate, the £13 a week man insists on getting £15 5s. If that happens, the man who is getting £15 will look for £18 10s. and so the general chain reaction is set off and as a result the man who was badly off at £11 remains just as badly off at £13. No improvement is recorded and great damage is done to the economy by a general inflation which has benefited no one.

We on this side of the House are every bit as much concerned about the lowest paid workers. The only difference between us and the Labour Party is that we are prepared to do something about it; they are prepared only to pay lip service to the idea of helping out the lowest paid workers. We are prepared to try to level out this rigid class structure and bring up those who are in poor circumstances at the moment. However, here we are dealing with one of the weaknesses of human nature, that at all levels a class system is being maintained and defended which goes right down to the itinerants. There are rigid class distinctions among itinerants and anyone who breaches these class barriers gets very short shrift.

Therefore, I am not the slightest bit impressed by Deputy O'Leary's suggestion that industrial unrest is due primarily to the wages of the lowest paid workers. If he is in earnest about that he will do his best to influence Congress and his fellow trade unionists to agree to the Minister's proposal that those who are lowest paid may be brought higher up but those immediately above them will stay where they are. At column 1354 of the same volume Deputy O'Leary stated:

We have not brought out laws for any regulation of employers. Nobody says how the members of the FUE are to vote, whether it will be by show of hands, whether they must all be in benefit and so on.

I agree with Deputy O'Leary there— not fully, but I do agree that there should be greater attention paid by the Minister to a greater disciplining not of FUE but of the mass of employers' organisations generally. The matter of voting does not cause any trouble because usually they are individuals or people representing individual companies. The numbers are not so disproportionate and there should not be any great difficulty; in fact I think there never has been any difficulty between employer organisations on the question of voting procedures. At the same time I hope the Minister will keep the question of employer organisations under review and ensure that steps are taken to encourage a greater sense of discipline and responsibility among them. At column 1355 Deputy O'Leary says:

In the context of an economy where so much economic power lies with a small group of people to so order economic justice as to give those who merely work for a living some justice, we do not have any better suggestion than that of unions negotiating with employers as at present.

It is a pity that Deputy O'Leary got that far and did not go on because he very nearly struck at the root, or one of the roots, of the problem which is now before us. He referred briefly to unions negotiating with employers as at present. The main weakness at present is that union executives, union negotiating teams are negotiating with employers but are not authorised to reach agreement. It is quite impossible to have proper negotiations otherwise than between two plenipotentiaries. Much lip service is paid to the essentially democratic structure of the trade union movement. To my mind this is not democracy at all; it is sheer anarchy. This is what it has proved to be over the past few weeks. Democracy exists where a number of people who are gathered together in a society, in a group, in a nation or whatever it may be, realise that they cannot, as individuals, or as a group, control their own affairs and so they come together, have an election and appoint an executive of some sort——

——to act for them in the matter and to report back at the end of the term of office and be judged on results. Any negotiating team which, having reached agreement, must say: "Now we shall go and ask somebody else" has in fact been sabotaged from the very start. It is impossible for those who have not been through the agony of negotiating, such as has been the case in the last few weeks, to have any conception at all of the real issues involved, and for them to take a spot vote as to whether they will accept or reject is completely irresponsible.

What people must do, whether employers or employees, is to authorise a small group to negotiate a settlement: give them full power, or limited power, saying: "Within those terms of reference we want you to negotiate a settlement and if you can reach agreement with the other side, draw up an agreement and we will stand over it". That is the only way it can be done. The present system of negotiation is not, as Deputy O'Leary suggests, unions negotiating with employers: it is ad hoc committees of unions with no responsibility and no authority carrying out negotiations which they cannot bring to a conclusion.

What I suggest is no breach of democracy. This is a fallacy which is being spread abroad and all over the western world at the moment that at all stages you must refer back. Let us bring it down to the very simplest level. If you get a number of people forming a football club, all the members of the club do not run it. They first appoint a committee, probably an administrative committee, to look after the collection of subscriptions, disbursement of funds, acquisition of grounds and equipment and so on. Almost inevitably they will have a small selection committee to decide who will play on the first team and on the second team and so on. Nobody in a football club will suggest that the selection of the first team should be subject to a general vote by all members because such a vote would produce chaos. That is why they have a selection committee. If it turns out at the end of the season that it has been a catastrophe and everybody feels that there was enough talent in the club to do better, they do not have that selection committee again. It is as easy as that. We must order all our affairs along the same lines. It is fully democratic in that the ultimate control always reverts to the members when the annual meeting comes round and the officers are elected.

I feel that the whole union structure needs amending because the security of tenure of trade union officials is hopeless. You cannot expect a trade union official to be as ruthless as he will feel he should be when he knows that if he annoys sufficient people he will lose his job. He is bound to be playing for votes to a very great extent. Several of them have confessed this to me saying: "I know this is right but I cannot carry the members with me. Therefore, I must go with them, even though I am a trade union leader, and advise them to come out on strike. I know that is what they want me to say and that is what I must say." Leadership such as that is absolutely disastrous. It is time the trade unions put their own house in order and gave the conditions of employment to their own officials which they expect other employers to give their employees. The rates of wages paid to trade union officials are shameful. The hours of work of these men are really a disgrace. They are dedicated men who work at a very low rate of remuneration all hours of the day and night with no security of office whatever.

Trade unionists, and the members of the Labour Party in particular, are very quick to criticise employers on the question of conditions of employment. It is time they made sure that the conditions of employment of their own staff were given a very careful review. When they do get their own house in order it is up to them to come to the employers, in the case of a dispute or possible misunderstanding of some sort, or to send delegates to the employers and say: "We are the delegates of our trade union. We are authorised to reach agreement with you if we can do so. Our agreement will be signed and will be binding on the unions and on our members." If we can do that we shall be taking another good long step forward. Quite clearly, this is something that cannot be achieved by legislation. This is up to the unions themselves.

At column 1356 of the Official Report Deputy O'Leary referred very briefly to another matter which deserves very much more consideration. He said:

Added to this incomes bitterness there is the insecurity which many work people feel throughout the country at present.

I agree with him completely. This should be a top priority for consideration by employers and trade unions. I feel that anyone who is in employment, after he has served a short but satisfactory period to show his suitability for the job, should be entitled to a formal contract of employment. Without that there is always a feeling in the mind of any man or woman that he is looking over his shoulder and wondering if next Friday will be the last, will he get his cards or get a week's notice and know that he has only another week to work. That is a situation that we cannot accept. I should like to see some proposals from the employers and the trade unions on a standard form of employment contract so that every man, when taken on the staff of a company, whether large or small, would have something in writing setting out his rate of wages, his chances of wage increases, procedure for obtaining wage increases, his conditions of employment and, above all, the notice which will have to be given to him of termination of his employment. The period at the moment is quite insufficient. There should be some provision whereby full wages would be paid for at least a week, preferably a fortnight, after termination of employment to carry the employee over the period in which he is looking for work, because a man cannot go looking for a job during working hours and it is very hard to find a job after working hours.

I should like to see the contract of employment providing for an increased period of notice after so many years service so that the period of notice each employer would have to give would increase every year the man continued in his employment until, after a reasonably long period, the employee would get up to six months notice. It is only in this way that we can give a man any feeling of security. I was disappointed that Deputy O'Leary just touched on this, and then ran away from it, because I am absolutely convinced, and considerable research into industrial relations has confirmed, that the main concern of employees is, in fact, security; wages are a comparatively minor matter. I know wages cannot be overlooked, but the thing which worries people most is, "Is my job safe?". This is something with which I hope we will deal in another context.

Deputy Kyne does not appear to be in the same political Party as Deputy O'Leary. Their views differ radically and it is very difficult, therefore, to get any idea as to what Labour Party policy really is. Deputy Kyne is a very much older man than Deputy O'Leary. He is very much more experienced and, I think, very much more mature in his judgment. Yet, he is a man who is in much closer touch with the world of today while Deputy O'Leary is still living in some Cloud-Cuckoo-Land of his own and prefers to dash off the old Labour clichés which went out of fashion in the early years of this century. I do not want to damn the Labour Party policy altogether. Indeed, it is rather difficult to do that because it is very hard to know what they are up to. I do not want to stress the Cuban interlude.

It seems to be giving Fianna Fáil a great deal of trouble and worry, somehow or other.

Not nearly so much trouble and worry as the Labour Party is suffering. These things happen, but I am sure it is a grave source of embarrassment to the Labour Party that the new recruit should be so rapturously received. Despite listening to the Labour Party one does not yet know what exactly the policy will be. Deputy O'Leary pleaded here for increased State intervention in industry. Deputy Kyne last night strongly supported the speech made by Deputy James Dillon. Deputy Dillon referred in particular to the fact that—he was speaking from his own experience—the risk of industrial unrest was very slight in family concerns and it was only in the larger and more impersonal concerns that communications broke down between employers and employees. These sentiments, with which I agree, were echoed by Deputy Kyne, who said he was thoroughly behind them. We have, then the free enterprise, small industry, conception of Deputy Dillon echoed by Deputy Kyne. But in the Labour Party Outline Policy document we find at page 134 and the following pages continuous references to increased State intervention in industrial planning:

The plan will be implemented by a National Planning Authority invested with the full power of the State in the planned development and utilisation of the State.

At the bottom of the page we find:

A State Development Corporation will be set up with the direct responsibility for establishing and extending industries and for generally developing areas judged to have growth potential. The Corporation will engage in expansion programmes through State-owned companies.

Again, at page 139, subparagraph 4.2.7:

The plan will express the strategy by setting down the type of industries to be established and the areas in which they will be located. It will determine priorities. In general the strategy will be to create complexes of large scale advanced technology projects based on the exploitation of native resources.

In the following paragraph:

The State will establish these industries of its own accord or cooperate with home or foreign firms....

I wonder can we take that as Labour Party policy? We just do not know. It may be thrown into the ash can. But, here we have what appears to be a philosophy by the Labour Party which would seem to suggest that they want more State enterprises. At page 142, they suggest that further State industries should be set up and there should be further State participation in existing industries: "This will relate to existing industry and can be achieved by buying in as a shareholder and exercising control and receiving profits." I wonder is this the policy of the Labour Party? Is that what they really want? In this House they are continuously saying that the people who are worst off from the point of view of industrial relations are those horrors known as the ESB, CIE, the B & I and so on. These are the concerns who are always criticised for bad personnel management. They cannot have it both ways. One moment they say State control is the only solution to all our problems and the next moment they say State control has set up industries which are the very nadir so far as industrial relations are concerned.

I hope that one of these days the Labour Party will make up their minds, nail their colours to the mast, and say: "We are in favour of a complete policy of nationalisation." They like flying kites. They introduce Dr. Noel Browne on television and he drops a couple of clangers and they have to disown him. It is announced that he has accepted the title of Vice-President of the Labour Party but, when he starts wanting to nationalise Deputy Corish's pet firm of Pierce in Wexford, it is suddenly discovered that he is no longer Vice-President and is speaking on his own behalf only and did not mean it at all. Where are we going?

There is a wing of the Labour Party which want nationalisation, State control, State planning and the State all the time and, yet, some of those people who are its keenest advocates, are the most bitter critics of the State industries already set up—even of the ESB for which Fine Gael take so much credit. I should like to see a little more clear thinking on this.

Criticism has been made of the timing of the Bills. We were asked: "Why bring them in now?" Even Deputy Corish suggested this was not the time, and that we should bring them in when peace and harmony were reigning. The Minister had to ask when was that happy time, and would it ever happen. Is it not obvious that the Trade Union Bill and the Industrial Relations Bill, both dated 1966, have been on the mat for a long time? The Minister has not been dragging his feet. He has been trying to negotiate and get the goodwill and co-operation of employers and trade unions. Ultimately he has to admit that he has to "go it alone". In fact, I think he has "gone it alone" remarkably successfully.

This is not the final answer. This is a time when the Government are getting increasing criticism for not taking more resolute action. I still cannot find anyone to tell me what action the Government could take. It was said that we were wrong when we passed the ESB (Special Provisions) Bill, that that was a wicked and sinful thing to do. What can we do about this crazy picketing of unions by unions? Another one came on today. A radio firm was picketed by one of the striking unions. Therefore, the radio men could not pass the picket, so what have they done? They have put a picket on another company which is associated indirectly with the radio company and put 600 car assemblers out of a job. I am glad to say I have nothing to do with that one. How crazy can we get? Who is picketing whom and why? In half the cases no one knows what the row is about. Someone puts a picket on someone else and they put a picket on another company. They seem to say: "Who will we picket?" and some luckless soul is picketed.

We cannot legislate against that. We can only rely on there being a sudden realisation of the facts of life by the members of the trade unions—I do not say the trade unions themselves because I still believe very strongly that the trade union executive knows the weakness of the trade union structure, and knows the way out, but has not yet been able to swing its members in behind it. That is why we have to approach the general members of the public and get it into their heads that this sort of crazy system is out entirely from now on, and that when industrial disputes do arise they have to be settled according to the rule of law and justice, and not the law of the jungle.

Last night Deputy Donegan blamed the Government for introducing higher salaries for Dáil Deputies and Members of the Oireachtas generally. So far as I know Deputy Donegan has not refused the increase which was granted. He had the opportunity of voting against it if he did not approve of it, but he failed to do so. To blame the Government for this is the most damnable hypocrisy. I was in on this from the start as a member of the Committee on Procedure and Privileges, which is holding a meeting at the moment at which I shall be present. I want to make it quite clear and put it on record that it was the Labour Party delegates to the Committee on Procedure and Privileges who first raised very strongly the necessity of having increased allowances for Deputies. They made the point that it was the members of their Party who were particularly penalised by the existing rates of remuneration because, they said, their members had no alternative sources of income and were not able to do their job properly with the funds made available to them.

No Government can take the initiative in this matter. The Labour Party proposal was strongly supported by the Fine Gael Deputies representing their Party on that Committee. A long discussion took place. Representations had to be made to the Minister for Finance to try to convince him on this matter and they took a long period also. The entire initiative came from the Labour and Fine Gael Parties, which is right, because this is a matter which should be initiated by the Opposition rather than the Government. It is grossly unfair and very hypocritical of Deputy Donegan to suggest that this was a Government proposal which was forced through the House, more or less against his better judgement. He knows perfectly well that it was accepted unanimously. I make no apology for it.

I believe in all cases that anyone in employment, whether as a Deputy or in any other employment, should be paid the rate for the job. Most of our work is overtime. In other employment there is danger money, wet money and dirty money. We are paid inclusively of wet time, dirty time, overtime, lack of security, the lot. I make no apology to anyone for supporting that measure. I will not be hypocritical enough, having accepted it, to say I do not want it. If Deputy Donegan would like to do as Mr. McBride did and refuse to accept it for a limited period I might be a little bit more impressed as to his sincerity. Even Mr. McBride changed his mind in the end and collected his arrears so far as I remember. I do not think Deputy Donegan will refuse the increased allowance.

I do not think for one moment that those increased allowances were in any sense an inflammatory feature of the present industrial situation as some newspaper correspondents tried to make them out to be. In this upward adjustment of salaries we were dealing with the situation where amongst other things, we had the Taoiseach being paid £50 more than one of the senior officials of this House. That situation was clearly in need of revision. A senior official of this House had only £50 less than the Taoiseach, and he had guaranteed service up to retiring age and a guaranteed pension on a very adequate scale. None of that is open to any Taoiseach.

I do not apologise for the timing of these Bills. I do not see any reason to do so. I think public opinion generally is prepared to accept this as a first step along the road to a more stable structure of industrial relations. Most of our troubles cannot be solved by legislation, but we have got to legislate against excesses and abuses which can take place and which, unfortunately, have taken place very recently. We must get away from anarchy and chaos and back to a system of law and order, back to a system where the trade union members will appoint fully authorised delegates to negotiate on their behalf and, when the negotiations are completed and finalised, the trade union members being loyal enough to their delegates to stand over that decision.

This business of referring everything back is absolutely useless. I look forward to the Committee Stage when we can probably tidy up a number of drafting matters. Above all, let it be clearly understood that this is not repressive legislation in any way. It is permissive legislation. It is legislation to permit the ordinary working man to make his wished known in a more democratic and effective way. It is protective legislation. It is an effort to protect men from being put out of jobs by disputes in which they are not concerned. It is protective also of the wives and families of wage earners who at present are so severely being penalised by reason of this internecine struggle within various trade unions—this struggle of the maintenance of a rigid class system.

If we really believe in social justice, let us get down to those sectors which need our attention most. I agree we want to raise the income level of the lowest paid worker. Let us get the consent of the other wage earners so that they will not mind the £11 a week man getting nearer their wage. The £13 a week man will not be any the poorer as a result. Let us get it clearly established that when there is a reference to the Labour Court, every effort must be made to persuade the parties to declare, in advance, that they will accept the recommendation of the Labour Court. In that way, we can get settlement of disputes which will be far less costly to the individuals than the present system. Consider the horrible cost to trade union funds and to the pockets of individual strikers and of those who have been disemployed: this is the craziest waste of money. None of that money and none of that production need have been lost. Agreement had very nearly been reached—in fact, agreement at negotiation level had been reached— but a few people have thrown everything to the wind for the sake of another few bob. If they could do that and penalise and prejudice not only themselves, that is bad enough, but when they penalise their fellow workers that is a situation we cannot tolerate.

With full co-operation of both sides of industry, with a stronger trade union movement, more united under Congress, and with a stronger employers' organisation, more united under FUE or a centralised comprehensive employers' organisation, we can get advanced economic planning, co-operation and participation by both sides in government and make progress. Without it, the prospect is bleak.

I welcome these two Bills. I do not think they are the final answer but they are a very positive step in the right direction. I hope they will be passed with real enthusiasm.

Having listened to the meanderings of Deputy Booth, it is very easy to understand why he spoke at length in a an attack on the Labour Party and why he made a personal attack on some of our members. He speaks from one side of the fence and looks from the same side of the fence: that is only to be expected. We on the Labour Party benches are glad that this attack from a certain section which Deputy Booth represents has been forthcoming. Nevertheless, it does not deter us nor our objectives, which are very simple.

Deputy Booth said that union offioials were often compelled to advise against their own opinions because of the loss of their jobs. That is the most farcical suggestion ever made. These union officials are permanent and pensionable. We agree with Deputy Booth that they are dedicated hard-working men, night and day, for seven days of the week and that they do more work at night and on Sundays than in the course of an ordinary day because of their dedication to their work and their anxiety to look after the worker who has been trampelled upon by the speculative director of companies.

I want to dwell on the subject of the speculative director, the man who can put enough money into any business to keep that business alive without having an idea or a splink of knowledge of what it is all about or of how the workers are engaged or of what production means. Deputy Booth should apply himself to some of these things. If he had done so, he would have made a more comprehensive contribution to this debate rather than to talk about Deputy Michael O'Leary and Deputy Kyne.

Was I honoured with the Deputy's attacks?

Deputy Booth is now leaving the House. I hope I did not hunt him.

Look what Deputy Coughlan has done now.

He is not involved in the strike. He does not mind.

He is making money out of the strike.

I rise to speak here today in no critical manner. I come here to advise the Minister as a result of the experience I have gained in my long life both in public life and in industrial relations in the city of Limerick. First, I would advise the Minister to accept the advice of Congress on this matter and defer this Bill until further negotiation has taken place with Congress. While some sections may appear all right to us who are discussing the Bill here, nevertheless, we could find ourselves judged through the courts — certain actions could be taken through the courts which would nullify whatever is intended to be done by this Bill. Therefore, I appeal to the Minister to have another chat with Congress on the matter. For the past couple of months they have been very much engaged in negotiations of one kind or another. I am sure they had not the time to devote to the details involved in this Bill when it is enacted. I want to make my own personal views on this Bill available to the Minister. I ask him to consider three or four points which I think should be included. My first plea concerns recognition by any industrialist of trade union principles. They should clearly be explained and detailed to him or to them before they start any industry in this country. The Minister is well aware of that. Geographically, he is much closer to it but otherwise he is not. I have in mind certain industrialists in the Shannon Industrial Area who have refused to negotiate with union officials, who have refused to allow employees to become members of a trade union and who have caused endless unrest with regard to security of employment in certain industries in the area.

In one industry or another, there is no recognition, good, bad or indifferent, of the Apprenticeship Board. They take in junior operatives, give them a one, two or three-year course, be it in electrical work, engineering, welding or moulding, and they call them operatives. But any of those men engaged in those industries have to face the situation that their craft is not recognised by the Apprenticeship Board. Therefore, those people cannot be employed in any other industry outside that to which they are attached. The Minister knows that as well as I do. We have another industry there whose opening the Minister attended—I did not— where crash courses are given to people. This was a good thing in its way but when those people seek employment elsewhere later they will not be given par wages with their fellow workers in the same industry. Only last week five of those boys left that industry and went to the Engineering Works in Dundalk. They found that the rate of pay they were offered was so insignificant that they had to pack their bags and come home again.

Where is the recognition there? What is the Minister doing to rectify the situation? They are the things which cause industrial unrest throughout the country. I do not want to be critical. No one wants industrial unrest bar a few hotheads and it is easy to get rid of them. I suggest there should be more house agreements and what I mean by a house agreement is an arrangement that will make workers happy in their job. The FUE would have us try to legislate industrially for the whole country. It is an impossibility. If house agreements are made through which worker and management will come together—let it be once a week or once a fortnight—and where a programme is planned on what has been achieved in the past and what we hope to achieve in the future, on a productivity basis to keep ourselves viable, nobody will be found to give more co-operation than the worker.

That is my experience in the city from which I come and I have been tied up with more disputes in that city during the past 20 or 15 years than anyone else and thanks be to God we settled all of them except one, which I shall come to later. However, there are speculative directors who will not tolerate skilled, unskilled or clerical workers on the factory floor going to the manager's office or to the director's room to discuss problem.

Every day we get out of bed we are faced with new problems, particularly in the changing world in which we live. Everything takes on a new look each day and we must be up with it or, perhaps, ahead of it. For that reason, the Minister should insist on more co-operation between management and worker so that the workers will be allowed to have a say in the running of the business in which he is employed. This would give him a stake in the land and security in employment, which Deputy Booth was so anxious about some time ago. I am wondering does Deputy Booth consult with his workers. I am bloody well sure he does not.

Only on redundancy.

Let it be clearly understood that when you have workers happy in a job and when you have harmonious relations as between a union and management, you will get productivity, you will get rest and industrial peace. As I have said, I have seen it operate in my city. I have seen companies who have put workers on a productive basis, I have seen arrangements and agreements come to between workers and management, and let me put it on record, particularly for the FUE, that in respect of this industrial dispute we have a record in the city of Limerick in the matter of hours lost, less than any other city in the country. I advise the Minister to come to us and take a lesson from what is happening there. He passes through three or four times a week and if he calls we will show him how things work there and treat him with our usual hospitality.

That is what I would be afraid of.

On the question of State intervention, there are times when the State must intervene and take over. However, nobody in his sane senses, nobody thinking realistically, would advocate general nationalisation. There are, though, times when nationalisation is imperative. We have this very day, for instance, a concern which has monopoly control of a certain industry. Management there have refused to meet the workers, despite the intervention of people in high places. What is one's responsibility in this matter? Surely to God no man in this land, without rhyme or reason, should be allowed to turn the key in his industry and lock the gate and throw 500 or 600 men out of employment? That is the situation and Cement Limited have done it. I would advise the Minister to intervene. I have discussed it in many places and with many people. I know how it affects the workers of Limerick. I know how it will affect industry generally within the next week or fortnight. Let us lock the stable now before the horse is gone. I appeal to the Minister at this stage to introduce legislation with the greatest alacrity and speed, he and the Minister for Industry and Commerce, and see that the arrogance of this particular firm will be crushed out of Irish life and that no tolerance, good, bad or indifferent will be given to it.

Deputy Booth mentioned our criticism of semi-State bodies—the ESB, Bord na Móna and bodies like that. He said we did not know what we wanted. We have been critical of these because of the fact that we think they are not doing their job fast enough for us, not because they are semi-State bodies. They are not giving the people the amenities which they are justly entitled to. I speak particularly about rural electrification. These are our criticisms —not because it is the ESB, not because it is semi-State, but because we feel they are not going fast enough. That is what we are justly entitled to do and not to let anybody, I do not care who he is, be allowed to sit on his backside and not do a thing from one end of the day to the other. It is our business to see that they are doing their job and the day we do not do that will be a sad day for the people we represent.

With regard to the location of industries, I am glad that we have now reached the stage when Limerick will be included in the industrial estate. However there is no use in having industries unless we have happy workers. That brings me back to what I want to impress on the Minister in this Bill concerned with trade unionism generally and industrial relations. The industrialist is most welcome, with open arms we will bring him in, but let us for God's sake not leave him under any misapprehension with regard to employment conditions. We will make progress then and we will not have any industrial disputes or unrest.

I want to conclude by appealing to the Minister, if he wants to put this Bill through with harmony from all sides— and I am sure that is what he wants because he is not a pugnacious or a brutal kind of individual in his approach, he wants peace as much as any of us—to take the advice of Congress at this late stage. Renew again the discussions and the negotiations that went on. There are certain things in this Bill and if they ever reach the courts we will find ourselves in trouble. That is what we want to avoid. I know this and I am sure Congress knows it and for that reason they are asking for a postponement of the Bill. We want to see peace everywhere but there will be no peace without security. The only way you can have security in any employment is by having open-mindedness between management and worker, full co-operation and plans and programmes arranged for future developments and for past achievements and then with that kind of relationship which will exist when the cake is baked and properly iced, let us divide it between management and worker. Then there will be peace in industry in the land and not alone will there be peace but there will be security for the worker and prosperity for everybody.

I should like to make a short helpful contribution to this debate.

Of all the subjects that have come up for discussion in this House not alone this year because the discussions have been very limited this year but since the establishment of our native Government this is, in my opinion, the most important and the most serious topic with the most far reaching effects. It is a very serious matter dealing with the whole trade union administration, the activities of trade unions, industrial relations, the necessity for greater co-operation between worker and management, in other words it is the drafting of suitable commandments which the worker and the employer will be expected to keep. I wonder is it possible for this or any Government to draft out a code of rules or regulations which could be and would be both workable and acceptable at the same time to employer and employee? No matter how limited rules and regulations may be, it is extremely difficult to keep all of them very rigidly. In so far as Christianity itself is concerned we have the Ten Commandments as the code under which we live. How extremely difficult it is for us all to endeavour to any degree to keep the Ten Commandments. How very difficult it would be for workers and for employers to keep rigidly to whatever code of rules or regulations may be laid down for the common good by legislation.

The Minister for Labour is one of the most recently appointed Ministers. His Ministry is a newly set-up Department. It is my honest opinion that it is the most useless Department of State that has to date been set up because we have seen such little evidence of any practical workings from that Department. It may be that the main activities of the Department of Labour are behind closed doors and that the general public do not realise the high pressure under which the Minister may be working. That does not appear to be evident to the general public because whether there is activity or inactivity in certain other Departments of State, be it in Agriculture, Justice or Education, there appears to be some degree of activity, but the opinion of the general public is that the Department of Labour is the most inactive Department. While the head of that Department is a Minister noted for his kindness, courtesy and his ability to meet people with the highest degree of friendship, there still appears to be a great lack of work in his Department.

It is difficult for this House to debate the problem before us in a cool and calm atmosphere because of the present situation. In recent years we have been jumping from crisis to crisis, from strike to strike, from lock-out to lock-out and from unreasonable demand to unreasonable demand. This is a state of affairs which cannot be allowed to continue indefinitely. It has caused great anxiety among workers and employers, to the Government and Opposition. This is something which is not a plaything of any political Party; it is a serious national problem.

I do not know why the Government have chosen this time for a debate of this character; it would have been more useful this time 12 months. Could it be possible that the Government, on the verge of a general election, are trying to convey to the public that they are taking some practical steps to deal with the whole question of industrial relations and towards solving the problem of our many trade unions? If there are political motives behind the introduction of these Bills at this time that would not be in the best interests of the workers, employers or of the country. It might serve temporarily the political Party so responsible but in the long run this is a motive which will be overtaken in no uncertain way.

The whole question is one for very serious thought and care in the calm atmosphere of Parliament. Do we ever ask ourselves, has the Minister ever asked himself, what is the necessity for a trade union at all? I cannot help thinking that we are now in a period in this country when we have reached full circle. We can remember the conditions under which the masses and the workers lived in the opening years of the twentieth century. No words of mine could describe these conditions. The workers of this country, skilled and unskilled, owe a great deal to their trade unions. Not alone that, but they also owe a great deal to the memory of James Larkin, senior, and men like him who endeavoured at no small sacrifice to lift the workers of this country from what could only be described as sheer slavery, to a level of independence, to a level at which they can now be treated as human beings.

It is correct to say that there were numerous employers in this country— they may have been a legacy from the British time—who were not enthusiastic about giving fair play or justice to their Irish employees. They had a tradition of looking on the worker as an inferior individual. There was always a great appearance of division, a great gap of snobbery so that the employer looked down upon the labourer whether he was skilled or unskilled. In the latter part of the nineteenth century and in the period from 1900 to 1920 the worker was looked upon as the servant and the employer was looked upon as the master. In that time the worker had to doff his cap, bend his knee or lose his job. He had an extreme feeling of insecurity. That did not end at the 1920 period because I can remember that this state of affairs still existed when I started in public life. I saw with my own eyes many injustices and a high degree of discourtesy meted out to the workers for no other reason than that they were workers and that anything was good enough for them.

It was only through the trade union movement that these people banded themselves together in the hope of obtaining some security so that they could bring up their families in Christian decency. I have seen employers in this country who singled out shop stewards, the spokesmen for the trade unions, to be the first to be dismissed whether it was on a building scheme or in some other concern employing labour. If these employers did not dismiss the shop steward they had him transferred into some other employment under conditions which compelled him to leave himself.

Then there were on the other side the injustices perpetrated by the worker against the employer, which in many instances were revolting: workers deliberately slowing down production, workers not doing a fair day's work for their employer. It is clear that there was injustice on both sides, but the greatest degree of injustice, to my knowledge, was inflicted by ruthless employers against defenceless workers. That is why I often thank God we have seen the day in which there is a strong trade union movement. However, there is a vast difference between a strong trade union movement and a responsible trade union movement. The great fear I have is that its strength and growth will be eroded by irresponsibility. When one is dealing with the livelihoods of the organised masses there is a grave responsibility to ensure that action taken on their behalf is the result of calm and careful consideration and the exercise of the highest degree of responsibility.

When I refer to employers who have displayed snobbishness towards workers, who have not treated their workers as they might, I refer to the days of what was commonly known on building sites as the "billy can", where there was no shelter for workers to have a meal; they were working at the whim of a foreman. If he liked the look of them he kept them on and if he did not he let them go, and there was nothing they could do about it. All these workers were human beings with families and responsibilities.

The injustices that were inflicted on working-class people helped considerably to build up the trade union movement in this country. The more unreasonable employers were the greater strength it gave the trade union movement, and that is as it should be. When I speak of employers I do not mean individual employers of 40, 50 or 60 workers; I speak mostly of the State as an employer, the local authorities, the semi-State bodies who are far from having clean hands in the matter of dealing fairly with their employees. They are not behindhand in treating their employees in a high-handed and very coarse manner. The State as an employer has the same responsibility to its workers as an individual employer.

In many instances the worker feels that because his employer is the State he can justly do the State. It has been said in the course of this debate that the trade unions are spending substantial sums of money on education, on lectures and bringing home to their members their responsibilities. These people do not need a lecture from me on that. Far from it, but any money the trade unions would spend in that direction would be money well spent. The workers have responsibilities to their employers but, above all, the employers have a responsibility to their workers. I do not know of any State organisation—certainly any State organisation operating in my constituency —that exercises justice towards its workers. In many cases where the local branch of the trade union would address inquiries to the management these inquiries would not be taken seriously. When reasonable demands were made for improvements in working conditions in either a State or a semi-State organisation these requests were not met. In these circumstances the workers were forced to go on strike. It was due to a lack of co-operation, to a display of snobbery. The management did not want to talk to workers. The worker had no right to offer an opinion or advice. A man in overalls and wellingtons should not have the impertinence to walk on to the office floor and tell the management what improvements there should be or should not be. The sooner employers, whether they are State or semi-State or individual employers, realise that the day when man was slave of man is long past. The animals in the jungle may turn treacherously on us, but there is no animal can be as tough on man as man himself.

I have seen that on building sites in Birmingham, Coventry and outside London, which I have visited, and which I shall visit again next month, to see emigrants from my constituency. When you visit a group of workers and have a confidential chat with them they will tell you the toughest foreman they ever worked for was the Irishman who was put over them. He would stand over them and make them do the work. Man has so little regard for his fellowman that he becomes over-influenced by the power that is vested in him when he is appointed as a manager, a foreman or a ganger, as the case may be.

As a result of man's treatment of man we have been given a lot of food for thought. The present Government or any incoming Government must realise that in 1969 we are dealing with a different element, one that has never before appeared. We are dealing with masses of workers who will not allow snobbery to stand between them and their rights. The worker is regarded as being as good as his master, and rightly so. If the master is not prepared to sit down and talk with his employees it causes industrial strife and chaos. Many strikes, past and present, could have been avoided if the snobbery were eliminated and nobody knows that better than the Minister for Labour. Naturally, the employer has a high opinion of his own importance and is only concerned with himself. He wants nobody else's views and feels that nobody else has any right to discuss his business with him and that he should have the final say in it.

Times are changing and employers whether State, local authority or individuals, if they want to get work done and cannot do it themselves and must employ somebody to do it, must talk to the heads commanding the hands of those who do the work. May the day never return when workers will be treated as slaves. I do not want to single out employers—far from it— the Leas-Cheann Comhairle would not permit me to do it in any case—but in recent years we have had the experience of the bank officials' strike and we saw that the bankers were made to listen and see reason and the employer today, whether a bank or local authority or the Government or a private company, that is not prepared to sit down and talk with the employees will be taught a serious lesson.

I have yet to see a strike that has done any good. Certainly, every strike I have seen in the past quarter of a century left a bad taste or bad mark. Whatever were the results, whether satisfactory to the worker, or a giveand-take between workers and employers, the wives and families of the workers had to suffer. Strike action should be the final resort and should be taken only when every other course has failed, including intervention by Ministers or by the Prime Minister, should it be necessary. At all costs, the strike weapon should be left on the shelf. There has been some degree of understanding reached between workers and certain employers in recent years. No matter what appeal the Minister or the Government may make in this regard this debate should serve as notice to every employer in the country to change his attitude and be prepared to sit down with the employees and a similar message should be taken from it by the organised workers as regards their responsibility to their employer.

The Minister for Labour may shrug his shoulders but he cannot shirk his responsibility in this regard because at present we find workers are suffering from a sense of grievance against the powers that be such as they have not experienced for a long time. They work hard and find that the cost of living is allowed to soar, that each increase is no sooner granted than it is cancelled out by some action of the Government. The Government have taken no serious action to control living costs. That is one of the main reasons why workers are so perturbed, so disillusioned and disappointed. Perhaps, it is one reason why organised trade unions are availing of every opportunity to use as a lever the Government's inactivity in regard to the cost of living.

The whole problem has very grave economic consequences. The management of every concern should be prepared to sit down with the workers and plan ahead. Might I ask the Minister what encouragement there is for workers to work harder, to respond to the plea of the employer to work overtime so as to step up exports, for example, when for every hour of overtime worked the cold hand of the inspector of taxes falls upon the pay packet? That is why some thousands of workers who could work overtime on certain occasions will not do it. They will not deprive themselves of an evening off for the amount that is left of their overtime pay when the Revenue Commissioners have taken what they must get out of it. That has aroused the anger of some thousands of organised workers and that anger has not helped.

I do not know if the Labour Court furnishes an annual report of its activities. The court has been the subject of great criticism from time to time. I believe the court has done that which the law enabled it to do and the officers of the court have done an excellent job of work under trying and difficult circumstances. The fact that decisions of the Labour Court can be ignored would suggest that the hearing of evidence and the promulgation of findings on the part of the court constitutes so much useless activity and I have often wondered why, when the court was being established, its decisions were not made binding.

There is nothing easier than to say that employer/employee problems can be and should be settled by agreement. There is nothing more difficult than finding agreement. It has been pointed out that no amount of legislation passed here will make a man work if he does not want to work. That is very true. That is why I believe the time has now come for the introduction of a greater degree of responsibility and sanity into labour relations. At the moment it almost looks as if labour relations have broken down completely. There is what appears to be the unreasonable attitude of small minorities within the trade union movement. That is not the kind of trade union activity that the late Jim Larkin and his father before him did so much to encourage. Both these men were hard bargainers but they always exercised a great measure of responsibility.

What we must endeavour to ensure in this legislation is that there will be no opportunity for worker to inflict hardship on fellow worker. It is difficult, of course, to blame the workers because they are disturbed and discontended element. The cause of that discontent is the dictatorial attitude of employers and the State itself cannot disclaim responsibility in this regard.

It will be interesting to observe the outcome of this legislation. Will it improve the relationship between worker and employer? It may or it may not. No amount of law will make a man work if he does not want to work and all the law on the Statute Book will not make an unreasonable employer reasonable. We have seen from time to time efforts made to kill the trade union movement. The best efforts employers could make have not succeeded in doing that but what I really fear is that efforts will be made to kill the trade union movement within the trade union movement itself. That would be an unknown and an indescribable loss to the working class people. That is something that should and must be avoided.

Debate adjourned.
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