Vol. 576 No. 5
142 Mr. F. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that disabled people who work in workshops have not got the same rights to join trade unions similar to other workers; and if this situation can be rectified. [29690/03]
Article 40.6.iii of the Irish Constitution guarantees the right of citizens to form associations and unions. Industrial relations and trade union legislation make no distinction based on whether a person is disabled or not. However, case law suggests that trade unions have a right to accept or not to accept an application for membership, including imposing conditions on membership. Primary responsibility for ensuring that one's constitutional rights are upheld and vindicated rests with the individual. Where a person is of the opinion that his/her constitutional or statutory rights have been infringed it is open to him/her to seek legal advice and, if appropriate, to vindicate those rights through the courts.
