Dáil Éireann debate -
Thursday, 29 May 2003

Vol. 567 No. 7

Adjournment Debate. - Industrial Disputes.

Dr. Upton

I thank the Ceann Comhairle for permitting me to raise this important matter. I regret that I find myself having to raise this issue again here in this House, as I believe it could have been resolved weeks ago.

I speak of the ongoing dispute between the Department of Agriculture and Food and employees in agriculture offices around the country represented by the Civil and Public Service Union. This dispute should never have been allowed to reach this stage. But for the inflammatory actions of the Minister for Agriculture and Food in suspending some 150 clerical and staff officers from the payroll on 1 April, this matter may have been resolved much sooner. Hundreds of CPSU members have been picketing offices for weeks and the Minister's silence has been deafening.

Essential services are being badly affected by this dispute. Farm development scheme offices, regional laboratories, local livestock offices and district offices, all of which provide vital support to the farming community, are being affected. This dispute is causing untold hardship for farmers across the country. For example, the dispute prevented the slaughter of a large brucellosis infected herd in Galway a few weeks ago and 15 other herds affected by TB cannot be destroyed. This is an unacceptable risk to animal and human health. The diseased herds cannot be removed as the paperwork cannot be prepared for the veterinary staff to allow the animals to be taken away for destruction.

We now have the CPSU and individual farmers having to resort to the courts on behalf of their members to seek a judicial review of their suspension. There is also the prospect of civil servants in all Departments leaving their posts in support of their suspended colleagues. The adverse effect of the industrial action has now spread to affect farmers served by the DVOs in Sligo, Carrick-on-Shannon, Monaghan and Cavan.

I have two principal concerns that I want to see the Minister address. Firstly, the lack of promotional opportunities for staff in the agriculture offices needs to be addressed and the Minister should enter into discussions with the CPSU to examine this issue. A unilateral and sudden decision to suspend workers without notice is not the way to do business. Secondly, the Minister is failing to protect the farmers who are being detrimentally affected by this dispute because of his unwillingness to intervene and bring it to a conclusion. This dispute now requires the direct intervention of the Minister to protect the farming community and ensure the integrity of the food chain is not compromised. An outbreak of food poisoning would be devastating at this time, the position being further compromised by the industrial action of public health doctors.

The Minister should act responsibly and ensure there are no short cuts in the food chain. He should engage in meaningful discussions with the Civil and Public Service Union to resolve this dispute and restore confidence in animal health and food safety procedures.

Mr. Treacy

I welcome the opportunity to update the House on the ongoing dispute within the Department of Agriculture and Food. This dispute centres on the demand by CPSU members in my Department's local offices for an increase in the number of staff officer and executive officer posts at local level.

The CPSU members involved commenced industrial action on 18 March this year and this resulted in the removal of 263 staff from the payroll following their refusal to perform core duties. The actions by these members of CPSU is contrary to the Programme for Prosperity and Fairness and its successor, Sustaining Progress. This is a cost increasing claim under the social partnership agreements, which specifically preclude such claims and any form of industrial action. The dispute is limited to our Department's local offices in Galway, Mayo, Kerry, Limerick and Clonakilty in County Cork. Normal services are being provided by the other local offices of our Department throughout the country.

The Department's officials have met with the CPSU representatives on a number of occasions and are in regular contact with them. These negotiations have been useful and we are constantly considering the situation and doing our utmost to resolve this matter at every level within the Department. Both parties have stated their respective positions and discussed a number of issues arising in relation to the dispute. However, no formula for resolving the dispute has emerged to date.

Fourteen CPSU members from our Department's Clonakilty office have issued legal proceedings against the Minister for Agriculture and Food, seeking a judicial review of the removal of the staff in question from the payroll. The case was heard in the High Court on Tuesday and Wednesday of this week and judgment has been reserved. A number of applications have also been made to the High Court from various farmers seeking an injunction compelling the Minister to return their cattle identity cards or issue movement permits.

We are fully aware of the impact that a prolonged dispute of this nature can have on many farmers and their families. We sincerely regret the inconvenience caused and we are hopeful that the ongoing negotiations between our Department's officials and the CPSU will lead to a resolution of the dispute as quickly as possible. I remind the House again that there are mechanisms within the partnership framework to resolve disputes such as this and I urge all of the staff engaged in this unnecessary dispute to return to work and follow the appropriate procedures to resolve their grievances.

Our Department has endeavoured to limit the impact of this dispute on farmers in the five counties involved. It has temporarily suspended the necessity of obtaining advance clearance from the CMMS data for animals intended for local slaughter houses. The union has agreed to ease restrictions in relation to herds affected by tuberculosis and brucellosis. It has established a committee, with a representative in each of the offices engaged in the industrial action, which reviews applications to ease the restrictions temporarily on a case by case basis. There have been some difficult and sad cases.

Generally speaking, the industrial relations climate in the Department has been relatively stable in recent years. This is directly attributable to the commitment by all parties to the various partnership agreements, which have had the support of this House over the years. It is acknowledged that a stable industrial relations environment benefits both the general public and the public service itself. However, though regrettable, it is to some degree inevitable that incidents such as the current CPSU dispute and the case mentioned by Deputy Crawford will occur from time to time, given the size of the Department, which has some 4,800 staff.

I assure the House that the Minister, the Minister of State, Deputy Aylward, and I have discussed this matter with management time and again. Every effort is being made by the management team, in co-operation with the staff and the relevant unions, in both this case and the case we debated previously, to bring this matter to a positive conclusion. Members of this House would be the first to criticise the Minister if he interfered unnecessarily and beyond his capacity in any dispute. There are mechanisms, systems and structures in place as well as negotiation opportunities. If common sense prevails, I am confident that the matter can be resolved quan celerimme.

Mr. Crawford

Is there not a time when the Minister should get involved? Have we not passed that time now?

Dr. Upton

What happened to the workers amounted to a lock-out.