Vol. 432 No. 6
2 Mr. R. Bruton asked the Minister for Enterprise and Employment the initiatives, if any, he has taken to ensure that the code of practice for dealing with industrial disputes in essential services is implemented; and if he will make a statement on the matter.
56 Mr. R. Bruton asked the Minister for Enterprise and Employment the initiatives, if any, he has taken to secure implementation of the code of practice on industrial disputes in essential services.
I propose to take Questions Nos. 2 and 56 together.
My Department has been active in seeking to have the provisions of the code implemented. The code has been widely circulated to Government Departments, State-sponsored bodies, employer organisations, individual employers, the Irish Congress of Trade Unions and individual trade unions with a view to encouraging the adoption of its provisions in employer-trade union agreements, particularly in relation to essential services. Organisations providing essential services were, in particular, targeted by my Department and the Labour Relations Commission with a view to encouraging and assisting them to adopt the provisions of the code.
Since taking office, I have reviewed the implementation of the code and was very disappointed with progress to date. I have written to organisations providing essential services, the Irish Congress of Trade Unions and the Irish Business and Employers Confederation highlighting my concern and encouraging the adoption of the code. I have requested the Labour Relations Commission to continue to monitor the situation and to initiate follow-up action with individual companies and trade unions.
The Deputy will be aware that adoption of the code is voluntary in line with our system of industrial relations. The code states that the primary responsibility for dealing with industrial relations issues rests with employers, employer organisations and trade unions. The implementation of its provisions is ultimately a matter for negotiation and agreement between companies and trade unions. I would like to take this opportunity to call on all parties to renew their efforts to ensure that agreement is reached on the adoption of the code without further delay.
Does the Minister accept that his efforts have been pretty dismal given that in the series of disputes recently the terms of the code of practice were not honoured, particularly with the travelling public in Dublin and around the country? Does the Minister subscribe to the view of his Minister of State, Deputy O'Rourke and former Ministers, that if a voluntary system of protecting essential services fails consideration will have to be given to some other legislative tool?
I am very disappointed that the efforts that I, and previous Ministers made in this respect did not result in the adoption of this code. I repeat that there are sufficient provisions in the code to enable aggrieved parties to seek redress without disrupting essential services.
The code is not working.
I accept it is not working as well as we would like and I will renew my efforts to ensure its adoption.
Will the Minister be doing something more than writing a circular letter, which is all he appears to have done to date? Disputes are taking place at the moment and the code of practice is not being observed. This code is 18 months old and, as I understand it, nobody has signed on for it. Will the Minister inject some urgency into this? Will he also bear in mind that under the provisions this is not entirely voluntary. There are clear implications that in adjudicating on cases, failure to commit to the code will be taken into account. The Minister cannot walk away from this and say that it is for others to resolve the problem.
I would not like the Deputy to think that I am walking away from the problem or that the Minister of State has merely written circular letters. We had detailed discussions with different parties to various disputes urging the adoption of this code. The adoption of the code is voluntary. Once it is adopted it can be taken into account in the resolution and adjudication of various disputes.
