asked the Minister for Finance if he has issued a circular of guidelines to State Departments in connection with the interpretation placed on the national agreement by his Department; and, if so, if he will state the terms of the document.
Ceisteanna—Questions. Oral Answers. - National Pay Agreement.
30.
With the permission of the Ceann Comhairle, I am having circulated with the Official Report a copy of a circular letter issued to Departments concerning the national pay agreement. As will be seen from the text, the letter states that the agreement itself provides machinery for determining questions regarding its interpretation.
The following is the text of the letter:
15 Eanair, 1971
A Chara,
1. I am directed by the Minister for Finance to refer to this Department's minute of 19 Deireadh Fómhair, 1970, regarding controls on prices and incomes. You will be aware that, in the light of the National Agreement negotiated at the Employer-Labour Conference (copy attached), the Government decided to withdraw the Prices and Incomes Bill in the expectation that the Agreement would in fact contribute not only to greater industrial peace but to bringing about a significant reduction in the rate of inflation. It is essential, therefore, that the State, which is party to the Agreement, should give no grounds for any complaint that, in its capacity as employer, it is departing from the restraint which it would expect other employers, in view of the terms and spirit of the Agreement, to exercise. This is particularly important in the case of those Clauses under which it would be possible for management and union to effect settlements without recourse to the Labour Court (or other established body such as an arbitration board). It should be borne in mind that the Agreement itself (Clause 11) provides machinery for determining questions of interpretation.
2. Clause 1 of the Agreement sets out the general objectives of the Agreement. Clauses 3 and 4 deal with the making of new agreements when current agreements on pay and conditions expire and set out the upper limits to be observed in new agreements. There are provisions in Clause 5 to cover cases where 12th round claims have not been settled and in Clause 6 to cover cases where genuine anomalies in pay exist between related groups. Clause 7 embraces terms and conditions of employment other than basic pay. Procedures in cases of dispute are covered in Clause 10.
3. The Minister asks for your cooperation in the achievement of the objectives of the Agreement and, in particular, I am to request that in dealing with all claims for improvements in wages or conditions of employment regard be had to the terms of the Agreement. In cases where Departments at present have delegated authority to vary pay rates in accordance with movements in outside rates, it will now be necessary for them not only to get sight of the formal settlement under which the outside rates have moved but to satisfy themselves that the settlement is fully within the terms of the Employer-Labour Conference Agreement.
4. The Employer-Labour Conference Agreement in no way obviates the necessity for seeking Department of Finance sanction where this is necessary under existing arrangements and, when sanction is being sought, Departments should have particular regard to the considerations set out in the first paragraph of this Circular and, in addition, should indicate the Clause in the Agreement under which they intend to process the claim.
5. The Minister will be glad if the contents of this Circular are brought to the notice of all officers in your Department who would be directly concerned and if you would draw the attention of State-sponsored bodies under the aegis of your Department specifically to the considerations outlined in paragraphs 1 and 3 above and seek their cooperation.
Mise le meas, S. Ó Conaill To/Heads of Departments, etc.
Note: Additional copies of the National Agreement, if required, may be obtained direct from the Department of Labour.
In view of the fact that the letter is not a long one, may I ask the Chair to ask the Minister to read the letter now?
The letter is two foolscap pages.
Irrespective of the length of the letter it should be put on record now. We will not get it until tomorrow.
In view of the many questions we have to deal with and the limited time available, I do not think the Minister should read out any long correspondence.
The Minister's colleague read out ten foolscap pages last week and no one objected.
I am calling Question No. 31.