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Dáil Éireann debate -
Wednesday, 1 May 1974

Vol. 272 No. 4

Adjournment Debate. - School Transport Service.

In deciding to raise this matter on the Adjournment I wish to state that the Parliamentary Secretary, in reply to a question on Thursday last, showed great concern for the position and made an appeal to all concerned to bend every nerve to solve the problem of this school transport service strike. Unfortunately the media did not carry his appeal. It was because of the urgency of the matter that I am raising it now in the hope that, by having it discussed here on the Adjournment, pointing out what is happening and making a cri de coeur here at this stage, the dispute might be settled and something done about it.

Parents are very concerned, as is evidenced by a series of letters which Deputies on all sides of the House have received and by telephone calls they also received. Deputies are aware that over the past few years a policy of amalgamation of schools has been in progress in order to provide better facilities for students in primary and post-primary schools. As a result of this children have to travel longer distances than hitherto. They depend on this transport provided at the expense of the Department of Education to reach their schools.

Any interference with the school transport service is a very serious matter. Most of the comment in the public Press has been related to the public examinations. People have said —and there is a certain amount of truth in this—that the public examinations cannibalise the education system. To a certain extent this is true. Nevertheless the examinations are important. They may be far more important in the eyes and minds of the people sitting them than in the eyes of more seasoned members of the community. Anything that interferes with their studies, particularly in this stage of the academic year when revision is the order of the day and when the pupils are making up for lost time, is to be decried.

If we can find any means for dealing with the interruption of school transport we should try to use them. The emphasis on the examinations puts the spotlight on the post-primary students. There is also a serious problem in regard to primary pupils. I might even say that the problem in regard to such pupils is more serious. My own nephews and nieces, who are in a country parish where the schools were closed down, are now attending a central school which is serving that area and are affected by this strike. The post-primary students can take a chance and try to thumb a lift. Because of their more tender years the younger pupils are in a much more difficult position. At the moment many families have stopped trying to get the children to school, particularly those families which cannot provide, in unison with other families in the neighbourhood, daily transport for the children.

This is a very important element. It should cause us anxiety. The children of our poorer citizens affected have little chance of getting to school at the present. There is a social problem here also. I know that the Parliamentary Secretary, when speaking at Question Time on this matter and answering a question put by Deputy J. O'Leary from Kerry, stated that certain moves were afoot to settle the dispute. He said that unofficial disputes or strikes of any kind could not be condoned and did not come within the normal procedures for settling industrial disputes. We all subscribe to that general principle.

My difficulty is that I feel if one sticks to protocol and to certain methods of working the children will be the losers. I said on Thursday also that a dispute like this which keeps pupils away from school—no matter at what level they are—is something quite different from an industrial dispute. By paying overtime and working longer hours or extra shifts production can be equalised later, but as far as a child in school is concerned, either at primary or post-primary level, the time lost is time lost forever. It cannot be made up. The situation is different from that in an industry. The protocol procedures and structures invented for dealing with industrial disputes do not apply in regard to schools. They do not apply in so far as the effects of the dispute are concerned.

I am not quite sure whether this dispute has been declared an official one since last Thursday. The Parliamentary Secretary is now indicating that it has not. I had hoped that it had been so declared, if this would have facilitated dealing with it. Obviously it has not been declared official and that makes the position still more parlous. The people involved in the strike are part-time workers. If they were employed by CIE at a certain figure some years ago I do not see why that figure should not be increased now, just as other workers have had salaries and wages increased. I know that the Parliamentary Secretary has not any competence in this matter although if he brings pressure strongly to bear on CIE a solution might be found.

Deputy Browne mentioned that there had been a long strike in Wexford. This particular trouble is now added to that. The disruption in school life in that particular area is very serious. I want to appeal to the Parliamentary Secretary and to his Minister to harness all the influence that they undoubtedly have and which attaches to their respective offices to approach CIE privately, if that is the way to do it, and to soften them. They might approach the union. I understand there is now a union catering for these drivers. They might talk bluntly to the union itself and emphasise the points I have already made about a dispute like this involving children being quite different from a dispute involving the normal industrial worker. They should be told that there is a duty on them as citizens to settle their dispute as quickly as possible and to make transport available for children both at primary and post-primary level. The children are deprived of such transport at the moment.

I should like to support what Deputy Wilson has stated. When I asked this Question last Thursday I inquired from the Minister for Education what steps the Government were taking in connection with the strike. I believe that the Government as a body should intervene in this strike. There seems to be confusion among the public as to what Departments are really responsible. The drivers who are on strike say they are dealing with CIE. Apparently their claim is to be processed by a body within the Department of Labour but it is the Department of Education who, through CIE, cover the cost of the transport. The majority of the drivers in the country seem to be on strike and so far as I am aware there is a total strike in Kerry. I appeal to the Government to make some effort to bring about a solution because the situation is having a serious effect on the education of the children concerned, both at primary and post-primary levels.

I have been informed by some of the drivers that this strike could have been averted if there had been a little co-operation from the employers at the outset. We all know that once a strike has begun it can be difficult to bring about a solution to it. I had hoped for some action during the Easter recess but there was none. The drivers are totally dissatisfied with their rates of remuneration. They have a very good case. There are some who would say that to meet their demands would be an infringement of the national pay agreement but we must have regard to the conditions of employment of these part-time drivers. Their responsibility is great. They drive heavy buses along roads that are sometimes very narrow and dangerous. They are responsible for the transportation of children to school at a time in the morning when there is very heavy traffic on the roads because at this time of the day people are driving to their places of employment and, also, there are lorries on the road transporting milk to the creameries. These factors would have to be taken into consideration by any body concerned with the processing of the drivers' claim.

I understand that some of the men have no intention of returning to work unless the terms of settlement are satisfactory but if they should resign it would cost a lot of money to replace them by full-time workers. It is unfortunate, too, that children are suffering, not only educationally, but in other ways also as a result of this dispute. I know of one area from which the children attending post-primary schools must "thumb" lifts for a distance of 20 miles. No doubt some children will fail in the forthcoming examinations as a result of the present situation. Therefore, some provision should be made by the Department of Education. In so far as primary schools are concerned there has been a substantial falling off in attendance during the past week. I am thinking in particular of areas in which schools have been closed and where the Department promised to provide transport to schools in other areas. In many schools there is only a 35 per cent attendance at present.

From the reply given by the Parliamentary Secretary to my question on the previous occasion I am aware that he is concerned personally with the problem but the Government, as a whole, should move quickly and ensure that the strike is settled as soon as possible.

I am happy to have an opportunity of joining with my colleagues in asking the Government to do everything possible to ensure that this strike is settled without further delay. A few weeks ago I endeavoured to raise this matter by way of supplementary question but at that time the Parliamentary Secretary informed me that I was raising a matter that was not relevant at that point.

This strike is very serious from many points of view. As has been stated by the previous speakers, the children who will be sitting for examinations shortly are the ones who come to mind immediately. Their morale has been affected seriously at a time when they are most in need of encouragement. This applies in particular to the weaker children who will be sitting for the intermediate or leaving certificate examinations. We are all aware that the strains imposed on children by examinations are great enough without their having to face the difficulties caused by the present transport situation. Teachers with whom I have been in contact in relation to this matter have informed me that this year has been bad so far as attendance is concerned because of a high incidence of colds and influenza. Therefore, the added burden of the strike is very serious.

Another aspect of the situation with which the Government should concern themselves seriously is the disturbing effect that a strike of this kind can have on youngsters in general. While driving to Dublin yesterday morning I could not but notice the number of children who were congregated at crossroads and at various other points along the way, some of them hitching lifts. Of course, while there are many children who are anxious to get to school there may be others who are happy that the situation is as it is.

Another disturbing feature is that, as I have been informed by parents, children are not welcome on some of the regular services in cases where it was possible for them to avail of these services. Perhaps this was because of overcrowding on the buses.

Another factor that has been brought to my notice is the amount of money it is costing parents in some cases to have their children taken to school by hackney drivers. They are paying these charges because of their anxiety over children who will be sitting for examinations. Too much time has been wasted already so I trust the Government will act quickly now.

I shall avail of the one minute remaining to say that I noticed that the Department have been in touch with CIE on this matter, and rightly so. During the week I heard the president of the Rural Federation of Workers speaking on a radio programme and he expressed the opinion that if CIE were prepared to talk with him, the strike could be solved or that, at least, the drivers could return to work. I am wondering whether the Parliamentary Secretary has been made aware of that situation because, obviously, it is a very important aspect.

I should like to indicate my appreciation of the remarks made by all four Deputies who spoke in supporting the appeal I made last week for a settlement of the dispute and a return to work by the drivers. The Government and I share the concern of parents about the educational effects of the strike. These effects will be more seriously felt by those children who are facing examinations in the very near future.

It may help towards an understanding of the present difficulties if I outline the history of arrangements made by CIE with part-time school bus drivers. Originally, when the free transport scheme was introduced, CIE negotiated individually with drivers to the exclusion of any trade union. In February, 1971, the Labour Court recommended to CIE that it should in future admit the union's right to negotiate for these workers on a collective basis. From then on claims were processed by the unions—mainly by the Federation of Rural Workers —with CIE.

The first claim by the union to be referred to the Labour Court was the subject of Court Recommendation No. 2594 of 5th December, 1971, which set the basic pay for school-bus drivers. This settled their pay up to 20th February, 1972, and incorporated the 12th Round. This settlement was accepted by the Federation of Rural Workers and the Amalgamated Transport Workers' Union which represents some drivers in the Waterford area. Since then, CIE implemented the 13th Round, 1st and 2nd phases, and the 14th Round, 1st phase for these drivers and the next increase under the national wage agreement will fall due on 1st July, 1974. Following the Labour Court recommendation of 5th December, 1971, the Federation of Rural Workers referred a further wage claim to the Labour Court in 1972. This claim was turned down by the court in Recommendation No. 2859 of the 6th December, 1972. The union referred a further claim to the court in 1973 concerning CIE's application of the national wage rounds. In its report of 11th September, 1973, the court upheld CIE's method of applying these rounds. In January, 1974, the Federation of Rural Workers lodged a claim with the Labour Court seeking, inter alia, parity with regular full-time bus drivers. The court, having considered all the evidence as submitted, did not recommend the grant of the claim.

While the latter claim was still with the Labour Court, some of the drivers decided to take strike action. This strike was, and is, unofficial and is supported by only half of the drivers in this category although I appreciate that there are some counties where it is supported by almost all the drivers. As I said in reply to Deputy O'Leary's question on 25th April, the wages and conditions of these drivers are within the ambit of the national wage agreement, and that is something which needs to be reiterated, which provides machinery under clause 27 whereby disputes as to its interpretation may be resolved. This machinery has not been utilised, as yet.

I cannot emphasise too strongly that this is an unofficial strike and that it is a general and long standing principle of industrial relations, accepted by both sides, that unofficial strikes be neither condoned nor encouraged. Negotiations are therefore inhibited as long as the unofficial strike continues. If the drivers returned to work, the conciliation services of the Labour Court could be brought into effect, but while the unofficial strike continues there is nothing either my Department or the Labour Court can do. I would appeal to the drivers who are still on strike to return to work and avail of the Labour Court conciliation services for a settlement of their grievances. The strike has serious consequences for large numbers of children and is particularly serious for those taking examinations this year. Nothing is to be gained by unofficial action of this sort and it is particularly unfortunate in this case because of its effects on the children who will shortly have to face terminal examinations.

I should also like to point out that this dispute is between a category of CIE employees and their employer, CIE. As Deputy O'Leary rightly pointed out, the Department of Education are not directly involved. This is an unofficial strike. The workers concerned come within the ambit of the national wage agreement. Their conditions have been the subject of successive Labour Court recommendations. Their conditions have implications of course for other categories of workers within CIE. I think I need say no more than that for the Deputies opposite to appreciate the implications therein. Their position under the national wage agreement has implications for all workers who are equally bound by the terms of the wage agreement.

As I said, I am and have been in close contact with CIE in relation to this dispute and share the Deputies' concern in the matter. Deputy Gallagher alleged that there were some cases, to his knowledge, where children found that they were not welcome on public transport. I am very concerned about this and would appreciate it if he could supply me with details giving, as far as feasible, dates and routes. I will then take the matter up with CIE.

I thank the Deputies for raising this matter and again giving me an opportunity of appealing to those who are on unofficial strike to get back to work. Then, normal negotiations can continue to the fullest extent.

Would the Parliamentary Secretary like to comment on the statement by the trade union leader which was referred to by Deputy Tunney?

To be frank, I did not hear the statement made by the trade union leader. I would be reluctant to comment on it out of context. While I appreciate Deputy Tunney's position in raising this, Deputies will appreciate that in an industrial dispute such as this anything but the most measured comment could have implications of a serious character which could not be foreseen.

Mr. Murphy is a very reputable trade unionist. On that programme he gave the impression that it would not take much to solve the problems if CIE would talk with him. Would it be possible to pursue that?

CIE have been in correspondence with the Federation of Rural Workers on aspects of the claim not covered by the Labour Court recommendations of 26th March, 1974, and I have asked them to show the maximum goodwill in this correspondence consistent with the constraints imposed by the national wage agreement and the maintenance of relativities or condition of employment of all CIE employees.

As CIE are being paid by the Department of Education to provide a service which they are not doing, how does this affect the Department?

There are two categories of payment. There are continuous overheads, which are inevitable because the buses continue to be there and need to be maintained. We make those payments. We do not pay what might be called "current costs" which would relate to buses only where they are actually rolling. In other words, while we pay certain minimum overheads to keep the buses in existence, we do not pay any running costs if the buses are not running.

The Dáil adjourned at 11 p.m. until 10.30 a.m. on Thursday, 2nd May, 1974.

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