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Dáil Éireann debate -
Tuesday, 27 Jun 2000

Vol. 522 No. 2

Adjournment Debate. - Industrial Disputes.

With each passing week, substantial sums of money are being lost to the Exchequer as a result of an ongoing dispute at the Ordnance Survey Office. A further £170,000 in taxpayers' money has been spent on hardship payments to the four workers at the centre of the dispute. The longer this dispute goes on, the more will be spent. In total, the failure of management at Ordnance Survey Ireland to reinstate four workers, has cost the state in the region of £250,000. The remaining staff there, who yesterday staged strike action, have warned that unless the four workers are reinstated they will take further action.

Such additional and prolonged action will not only cost the Exchequer more money, it will result in difficulties for those who depend on the work carried out by this agency. At a time when the demand for housing has never been so high, a reduced service by the Ordnance Survey Office will be damaging to the agencies and industries involved in housing provision such as planning, legal and construction services.

At the heart of the problems obtaining at this office has been an internal report at the OSI which alleged that the four staff working in the retail section were engaged in financial and accountancy irregularities. On foot of the report, the four staff concerned were suspended, and over three years later they have yet to be reinstated. Although the staff in question have been vindicated by the Circuit Criminal Court, the management at the OSI has insisted that there is currently an internal investigation taking place into the matter and, therefore, it is not in a position to lift the suspension of the workers concerned.

I cannot comprehend why this dispute is being allowed to continue and why the workers are still under suspension. The time has come for the Minister to intervene. He should examine the precise rationale for the continued suspension of the staff while an investigation takes place. In addition, he should examine the statements which were made at the individual sittings of the Circuit Criminal Court which cleared the staff of any wrongdoing. The Minister will be aware that a Circuit Court judge described the management system at Ordnance Survey Ireland as a "shambles". In addition, the internal audit which precipitated the suspension of the workers also found the management and administration to be inefficient, to say the least.

It appears from the evidence in the public domain, that the four workers who have been cleared of any wrongdoing by the courts are paying the cost for ineffective administrative and management procedures at the office. Indeed, one judge said that if one of the cases he dealt with had been of a civil nature, he would not have hesitated to throw the claim out, award full costs and seek areas where punitive damages could be awarded.

At this stage, it is in the public interest and in the interests of the legal system, the construction industry and other agencies which depend on Ordnance Survey Ireland for the Minister to intervene as a matter of urgency to avert any further action by the 200 staff at the Ordnance Survey Office and that the four workers, who have been under suspension for four years now and who have been cleared of any wrongdoing, are allowed to return to their place of work.

I listened carefully to the Deputy's contribution and, although it may not be his fault, some of what he said was inaccurate. I propose to outline the full facts of the case. The industrial action in Ordnance Survey Ireland is being taken by IMPACT members in support of four members of staff who are currently suspended from their duties. The Minister for Finance understands that the action consists mainly of withdrawal of co-operation with management and "working to grade".

As Deputies will be aware, a one day work stoppage also took place yesterday. This industrial action is in clear breach of normal procedures and the Minister has asked me to strongly urge IMPACT to call off the action at this stage to avoid further inconvenience to the organisation's customers.

As the Deputies who have sought this debate may be aware, the staff at the heart of this dispute were suspended from their duties in February 1997 arising from an internal audit which brought to light certain irregularities in the handling of cash and cheques in the organisation. Following a subsequent Garda inquiry, criminal legal proceedings were initiated by the Director of Public Prosecutions against a total of five staff members. I understand that one member of staff pleaded guilty to certain charges of fraud and larceny and was summarily tried and convicted in the District Court in January 1999. The remaining cases were before the criminal courts earlier this year. Two of the cases were dismissed on the direction of the judge and the Director of Public Prosecutions entered a plea of nolle prosequi in the remaining two cases.

In parallel with the criminal legal proceedings, three of the officers involved challenged the validity of their suspensions in the civil courts. However, the Supreme Court found in favour of Ordnance Survey Ireland. Following the completion of the criminal legal proceedings and acting on strong legal advice, the human resources manager of Ordnance Survey Ireland initiated an investigation under the Civil Service disciplinary code. On the basis of earlier legal advice, the disciplinary inquiry was not carried out at the time the officers were suspended in February 1997. The main reason for this was the concern at the time that the inquiry could have had the effect of prejudicing the outcome of the Garda investigation and possible criminal trials. The officers concerned have remained suspended from duty on two-thirds pay in mitigation of hardship since 21 February 1997.

The Minister for Finance has asked me to point out that an investigation under the Civil Service disciplinary code is entirely separate from criminal legal proceedings. The relevant arrangements are set out in Department of Finance Circular 1/92 on procedures for dealing with grievance and disciplinary problems. These procedures have been agreed between representatives of the Department of Finance and all Civil Service unions, including IMPACT, under the conciliation and arbitration scheme for the Civil Service. They apply to all Departments and offices, including Ordnance Survey Ireland.

The procedures provide that "all matters of discipline shall be dealt with by management in a manner that protects the dignity of the employee and shall not be administered by management in the presence of other officers or the general public" and "all officers shall co-operate fully in the investigation of allegations". There are also considerable checks and balances in the procedures, including a right of appeal to an independent third party body, the disciplinary appeals board. This board comprises an independent chairperson and a representative of the Department of Finance and the Civil Service staff side.

The Minister for Finance has asked me to say that it is most unhelpful to have ongoing industrial action taking place because OSI management are fulfilling their obligation to carry out an investigation under the Civil Service disciplinary code. This dispute is not helping the process. Accordingly, I would urge the Deputies who sought the debate to use their good offices to persuade IMPACT to put their faith in the agreed procedures for dealing with the issues involved instead of adding to the difficulties through industrial action. The Minister for Finance has asked me to say that the OSI management remains available for further discussions and he appeals to IMPACT to suspend the action immediately in order to allow such discussions to take place in an atmosphere which would be more conducive to finding a resolution to this dispute. I wholeheartedly endorse that request.

Legislation is currently being prepared to establish Ordnance Survey Ireland as a State body with a strong commercial focus. This is necessary because the organisation is facing an increasingly competitive and rapidly changing environment. Ordnance Survey Ireland will have to cope with many new challenges if it is to remain a key player in the rapidly evolving geographic information industry. Clearly, the management and staff of the organisation need to work very closely together to meet these challenges. The Minister feels that the current industrial action will not be conducive to the creation of the climate of co-operation and trust required to develop a flexible, dynamic and responsive organisation to meet existing and future business challenges.

In light of this, the Minister has asked me to strongly urge IMPACT to take a longer term view of how the organisation might progress in the future, to suspend their industrial action and to put their faith in the agreed procedures for dealing with the cases of the four staff members who are currently suspended from duty. A continuation of the current industrial action is manifestly not in the interests of anybody associated with the organisation and the Minister strongly urges IMPACT to reflect carefully on the potential adverse consequences of the industrial action being undertaken by their members.

Finally, the Minister has asked me to say that he hopes good sense will prevail and that this dispute can be resolved in order that Ordnance Survey Ireland can move on and develop strategies to meet the challenges awaiting the organisation in its new legislative and increasingly competitive environment.

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