Vol. 525 No. 3
395 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform if any progress has been made in including the Garda representative associations in negotiations surrounding the partnership agreements; and if he has considered changing the law in relation to the right of gardaí to join trade unions. [25159/00]
Despite discussions with all four Garda associations, under the auspices of the Department of an Taoiseach and with the participation of officials from the Department of Finance and my own Department, it was not possible to identify a mechanism for the involvement of all four associations in the discussions which lead to national programmes and the pay agreements which form part of those programmes. It is hoped some appropriate arrangement can be made to involve the associations before discussions take place on the successor to the Partnership for Prosperity and Fairness.
Regarding the right of gardaí to join trade unions, 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 Garda 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, I may, from time to time, authorise the Garda associations established under the acts 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 Conference of Professional Service Associations. They have also been authorised, of course, to affiliate to international police organisations.
