asked the Minister for Labour if he is prepared to implement the undertaking given by his predecessor and by the former Taoiseach to introduce legislation to nullify the consequences of the Supreme Court's decision in the Educational Company of Ireland case.
Ceisteanna — Questions. Oral Answers. - Supreme Court Case.
57.
In 1962 the then Taoiseach gave an undertaking to the Irish Congress of Trade Unions regarding the setting up of a working party to consider how, without conflicting with the Supreme Court judgment referred to, a trade union might have the right to take action, including picketing, to enforce union membership. The working party was duly set up. He later gave an undertaking to officers of the Irish Congress of Trade Unions to submit the report of the working party to the Government and ask for approval in principle to give effect to it and to so inform congress. This undertaking was honoured. My predecessor explained in 1966 that it was the intention that the proposed legislation would be taken at the same time as the Industrial Relations Bill and the Trade Union Bill.
However, apart from the question of whether legislation in this matter would conflict with the Constitution, the position about picketing has changed substantially since the undertakings referred to were given. Trade union leaders themselves have been expressing serious concern about the manner in which the picket weapon is now being abused. In my view, legislation to extend the protection of picketing would not be justified in present circumstances and I agree with my predecessor that action on the proposed Bill should be deferred.
Could the Minister advise the House as to what extent the position has very considerably changed as he alleges which would warrant the withdrawal of a particular undertaking given? The Minister is aware that the concern of the congress was in relation to unofficial pickets— pickets that were separate and distinct from official disputes under discussion at that point of time?
We agree that the passage of time has revealed a number of weaknesses in the picketing system and the members of the ICTU themselves were the first to agree that it would be wrong to deal with one particular aspect in isolation and leave other more important aspects out. If the ICTU were willing, I would be prepared to have a full-scale review of the whole question of the law relating to picketing with them and employer bodies with a view to getting agreement on what should be the proper line to take.
Could the Minister say what the point would be in doing this in view of the fact that an undertaking given on two occasions by the Taoiseach and by his predecessor on at least one occasion, perhaps in good faith, has not been honoured by the Government? Is there any point in having a discussion on this matter with the Government who are now trying to find a way out of honouring that guarantee?
In so far as I can see, the undertaking given by the former Taoiseach was honoured in so far as it was possible to do so; but it is not good enough to try and blame the Government for a breach of faith when the actual passage of time reveals a number of things which would make it wise not to proceed rapidly with the fulfilment of any promise or any undertaking given at that time. A further examination is very much called for here.
In view of the fact that an agreement was made that the two Bills would be taken with this, is there any justification at all for the statements which the Minister is making today? Is it not a fact that before this situation arose the proposed legislation was not introduced? Is it not obvious that the Government are looking for a way out?
The Government are not looking for a way out, but they are looking for a way of creating a better situation in relation to the whole question of picketing. This is the time to do it. There is nothing sacrosanct about an implied undertaking or about a definite undertaking if, with the lapse of time, such an undertaking has been proved not to be the immediate problem involved.
That is a terrible statement.
Is the Minister prepared to reassure us about this particular review which he is now proposing with the Irish Congress of Trade Unions on trade union legislation, and that any impending changes would include discussion on the undertaking?
It would. It would necessarily involve a re-examination of the situation.