Dáil Éireann debate -
Tuesday, 22 May 2001

Vol. 536 No. 5

Written Answers. - Industrial Relations.

Richard Bruton

Question:

120 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the initiatives which have been taken by her Department to secure the adoption of the code of conduct for disputes in essential services in each of the key spheres of essential services, such as health, transport, power, education, waste services and telecommunications; and her plans to deliver the code in the future. [14612/01]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

The primary responsibility for dealing with industrial relations issues and the resolution of disputes rests with employers, employees and their representatives. The State's industrial relations machinery is there to promote good industrial relations and assist parties in the resolution of disputes.

The Programme for Prosperity and Fairness contains an industrial peace clause, similar to those contained in earlier national agreements. Despite this, regrettably we have recently experienced disputes, including disputes involving essential services, where industrial action has occurred which is in breach of the industrial peace clause.

Because of the nature of the provision of essential services, the Labour Relations Commission has drawn up a code of practice on dispute procedures including procedures in essential services. This code was drawn up by the commission following consultations with the social partners and promulgated by the Minister in 1992 by means of a statutory instrument, the Code of Practice on Dispute Procedures (Declaration) Order, 1992 (S.I. No. 1 of 1992).

The code aims to ensure that disputes are resolved without recourse to industrial action by providing practical guidance on procedures for the resolution of such disputes and places particular emphasis on the avoidance of disputes in essential services. It also sets out additional procedures and safeguards for inclusion in agreements between employers and trade unions in such services.

The level of adoption of the code of practice has been disappointing. In order to promote implementation of the code, the high level group on trade union recognition, established under Partnership 2000, recommended that parties involved in providing essential services agree amendments to their disputes procedures to adapt the key provisions of the code and that they do so before the expiry of Partnership 2000.

The Programme for Prosperity and Fairness contains a commitment from the parties to agree voluntary codes of practice to address in particular the maintenance of essential services. In the talks on an adjustment to the terms of the programme last December, both ICTU and IBEC undertook to actively pursue adherence by their respective members to the key terms of the pay agreement, which would include the agreement of voluntary codes of practice to address the maintenance of essential services.

In order to establish the extent to which the code of practice had been implemented in the relevant enterprises, the Labour Relations Commission commissioned a study during 2000. The findings of the report were not encouraging, in particular in relation to the implementation of section V.33 of the code which recommends that companies who provide essential services or supplies should have voluntary agreements negotiated between management, employees and trade unions where all parties agree to accept the awards, decision or recommendation of a third party without resorting to any form of industrial action.

Irish industrial relations policy is one of voluntarism and primary responsibility for the adoption of this code remains with the relevant employers and employees and their representatives. The parties will be aware that the Labour Relations Commission is available to assist them should they wish to avail of its services in agreeing arrangements under the code.

I urge all concerned to take practical steps to pursue the objective of the code. The code is, after all, designed to help employers and trade unions to reach agreements which respect the positions of the parties concerned. The code allows for a peaceful resolution of disputes thus avoiding parties resorting to disruptive action.