Vol. 432 No. 5
14 Mr. Cullen asked the Minister for Justice her views on whether it would be appropriate for the Garda Representative Association to affiliate to the Irish Congress of Trade Unions; whether it is her intention to review the conditions of employment of the Garda Síochána with a view to giving them an entitlement to take strike action; and if she will make a statement on the matter.
25 Mr. Gilmore asked the Minister for Justice if she intends to accede to the request from the Garda Representative Association for recognition as a trade union with the right to strike in certain circumstances; if she intends to introduce amending legislation to allow this; and if she will make a statement on the matter.
60 Mr. Barry asked the Minister for Justice if she will sanction a proposal from the Garda Representative Association to seek affiliation to the Irish Congress of Trade Unions.
I propose to take oral Questions Nos. 14 and 25 and written Question No. 60 together.
The Garda Síochána Act, 1924, as amended by the Garda Síochána Act, 1977, provides that it shall not be lawful for a member of the Garda Síochána to be or to become a member of a trade union or of any association other than an association established under the Act. The Act also makes it an offence for a person to cause dissatisfaction or to induce any member of the Gárda Síochána to withhold his or her services. These restrictions are confirmed in the Industrial Relations Act, 1990. There are no plans to change these legal provisions.
Under section 13(5) of the 1924 Act, as inserted by the 1977 Act, from time to time, I may, authorise the Garda associations established under the Act to be associated with a person or body outside the Garda Síochána subject to certain restrictions which I may deem necessary to specify.
This section can only be invoked where I am satisfied that the body to which an association wishes to be affiliated would not be incompatible with the status and duties of members of a disciplined police force, to which the necessary legal prohibitions in relation to trade union membership and withdrawal of services apply. Garda associations have been authorised to affiliate with the ICPSA, that is, the Irish Congress of Professional Service Associations. They have also been authorised, of course, to affiliate to international police organisations. However, having regard to the legal position concerning withdrawal of labour by gardaí, I do not consider that it would be right to authorise the Garda Representative Association to affiliate with the Irish Congress of Trade Unions.
I should point out that the Garda Associations participate fully in the Garda conciliation and arbitration scheme. I believe the scheme works well, as is evidenced by the fact that the Garda associations have secured significant benefits under it for their members.
