Dáil Éireann debate -
Tuesday, 2 Mar 2010

Vol. 703 No. 4

Industrial Disputes.

Deputy Martin Ferris

Currently, two men are on hunger strike outside the Green Isle factory in Naas, County Kildare. Jim Wyse has been on hunger strike for 13 days and is starting into his 14th day tonight while John Guinan has been on hunger strike for seven days and is starting into his eight night.

The dispute concerns what the union claims was the wrongful dismissal of three craftworkers. The workers had 16, ten and seven years' service. The union's case is as follows. In December 2008, the company made available on its IT system a file called "Boardroom". Direct access was given to one engineer but it was available to anyone else in the company by mapping the drive. In March 2009, the engineer became concerned about a file which showed the planned termination of employment of six maintenance workers and he showed the file to his manager who, in turn, reported it to senior management. Company letters were issued to the engineer and another worker asking them to disclose their full knowledge of the "Boardroom" file and warning them that it was a serious matter which could lead to their dismissal. The union replied to the company stating that it was a company error which gave the workers access to the file. Some days later the workers were dismissed.

The matter was then referred to the High Court and proceedings continued for some months. In June 2009, the company started separate proceedings against three workers, including the two already mentioned and one other. At this stage, the union sought to have the issue of the "Boardroom" file closed as it was taking so long. The High Court report issued in June 2009 and, in the event, the three workers were dismissed on 10 July 2009. The union appealed the dismissals but following an investigation, they were upheld. Pickets were placed on the company.

The union referred the case to the Labour Court on 6 October 2009. A Labour Court hearing took place on 4 December 2009. The company did not attend the hearing but was represented by IBEC. In a statement to the court, the company maintained that it did not engage with unions and that the court was not the appropriate forum to hear the case. Its case was that the workers committed serious transgressions and that they were afforded all rights in the investigation and appeal hearings undertaken by the company.

Since then there has been a scandalous campaign by the company against the workers implying they were downloading pornography. Last Sunday, a Green Isle director finally admitted on RTE's "This Week" programme that the employees did not have Internet access. He also admitted that the adult material was sent from an anonymous source to the employees' e-mail in-boxes. It was a total and an absolute distortion to try to slander the workers concerned.

The Labour Court stated that on the information before it, the court was satisfied that the dismissals at issue were unjustified, that in the circumstances of this case, the normal approach of the court would be to recommend that the workers dismissed be reinstated without loss of pay, that it noted that the union had revised its claim and was now seeking a financial settlement for those concerned and that it recommended that the parties engage, through an intermediary if necessary, with a view to agreeing an acceptable compensation package, that this engagement should continue for one week following the date of this recommendation and if final agreement was not reached, the matter be referred back to the court. The court made a monetary recommendation for the three people in question.

Currently, the two men are going into their 14th and eight day on hunger strike. I visited them today, last Thursday and the Thursday before that. It is a very serious situation. I have no doubt that behind all of this is an attempt to de-unionise workers working in the plant. Green Isle was an Irish company which was sold to an English multinational company. Currently, most workers employed in it are non-nationals. The future of the trade union movement and of Irish workers is being tested.

I appeal to the Minister and the Government to intercede, if necessary. I, nor does anybody — I understand other parties have met the workers — want to see this hunger strike continue because it will do irreparable damage to the men's health. Jim Wyse is starting his 14th day on hunger strike. I await the Minister's response and I hope he will not be found wanting in interceding if necessary.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Conor Lenihan)

I thank Deputy Ferris for raising this important matter on the Adjournment. The strike involves a number of craftworkers who have been on strike since August 2009 in support of three dismissed colleagues. I understand this dispute arose following a decision by the company to dismiss the workers following an investigation into alleged improper use of the company's IT system. The union representing the affected workers, the TEEU, has disputed the company's stated reason for the dismissals and believes that the dismissals were a result of an earlier dispute over several workers sharing a confidential e-mail about redundancies, which had been sent to a union member in error. I understand the company does not recognise the trade union for collective bargaining purposes, nor is it obliged to do so.

The National Implementation Body had previously intervened in the dispute suggesting independent mediation by a third party outside the Labour Relations Commission and Labour Court. However, this initiative was not taken up by the company. The union subsequently referred the case to the Labour Court on 6 October 2009, in accordance with section 20(1) of the Industrial Relations Act 1969. This means that the recommendation is binding on the union but not on the company. A Labour Court hearing took place on 4 December 2009. I understand that the company did not attend the hearing but that IBEC was in attendance. In a statement to the court, the company maintained that it did not engage with unions and that the court was not the appropriate forum to hear the case. Its case was that the workers committed serious transgressions and that they were afforded all rights in the investigation and appeal hearings undertaken by the company.

The Labour Court issued its recommendation on 8 December 2009. The court was satisfied that, on the uncontested information before it, the dismissals in question were unjustified. In the circumstances of this case, the normal approach of the court would be to recommend that the workers dismissed be reinstated without loss of pay. The court noted that the union had revised its claim and was seeking a financial settlement for those concerned.

In this context, the court recommended that the parties should engage, through an intermediary if necessary, with a view to agreeing an acceptable compensation package, that this engagement should continue for one week following the date of the court's recommendation and that if final agreement was not reached, the matter should be referred back to the court. The court also recommended that the dispute should be ended on these terms and there should be an immediate return to work. In addition, there should be no victimisation of any type on either side.

Green Isle Foods rejected the Labour Court recommendation aimed at ending the strike. Media reports quoted a company spokesman as stating that it would not be bound by the Labour Court recommendation as it did not accept that the court was an appropriate mechanism by which to resolve this issue.

I regret that the company has not found it possible to accept the Labour Court recommendation and that it has not opted as yet for the established route of settling employment grievances. The experience and expertise of the Labour Court offers the most appropriate and effective avenue for resolving such disputes.

I understand that on 17 February 2010, a shop steward at the plant began a hunger strike in protest at the refusal by the company to accept the Labour Court recommendation. A second worker joined the hunger strike on 24 February. A third worker may join the hunger strike tomorrow, Wednesday, 3 March. I understand the company has said that it had made every effort to resolve the dispute and that mediation at local level, involving members of this House, is being pursued in an effort to find a settlement to the dispute.

It is a matter of great concern that this dispute has reached a stage where some workers believe they must go to the extreme length of going on hunger strike in order to achieve a settlement. I very much regret that the company has so far not found it possible to engage with the industrial relations machinery of the State during the protracted dispute. Notwithstanding the company's stance and mediation efforts ongoing at local level, the services of the Labour Relations Commission and the Labour Court remain available to the parties, if required, to assist in finding a resolution to the dispute.

Responsibility for the resolution of industrial disputes between employers and workers, whether in redundancy or other collective disputes, rests with the employer, the workers and their representatives. The State provides the industrial relations dispute settlement machinery free of charge to assist this process which, in line with the general principles of industrial relations in Ireland, is voluntary in nature.

I again urge all the parties involved in this dispute to work together to break the current impasse and to avail of the established machinery for dispute resolution. I again thank Deputy Ferris for raising this matter in the House.

Water and Sewerage Schemes.

Deputy Tom Sheahan

I raise the Kilcummin and Waterville sewerage schemes together because the failure to proceed with both schemes is having a massive impact on amenities in my constituency. With regard to the Kilcummin scheme, for many years the local authority and local residents sought a sewage treatment plant for the area. In 2007 the Government sanctioned a scheme to bring sewage from Kilcummin to the treatment facility in Killarney. No progress has been made since.

The roads in the Kilcummin area are in a deplorable state. The local authority has taken a decision, with which I do not disagree, not to upgrade local roads until the sewerage scheme is completed. Residents of the area are suffering on two fronts because they do not have a sewage treatment facility and on the basis that the local authority has refused to upgrade local roads until a facility is developed. The proximity of Kilcummin to the Lakes of Killarney — the area is three miles north of Killarney — makes it vital that the construction of a sewage treatment facility proceeds. As the Minister of State will be aware, the Lakes of Killarney have suffered in recent years from algae bloom and unacceptably high levels of phosphates. This amenity will be lost if a sewage treatment facility is not put in place immediately.

A sewerage scheme for Waterville has been sanctioned and featured on list after list during the years but funding has been held up in the Department. As a seaside resort, it is unacceptable that raw sewage is being emitted into the sea at Waterville. Residents will no longer tolerate this. We have heard about all the great work done during the Celtic tiger but priorities were misplaced during the period. It is unacceptable that, despite approval being granted, work has not proceeded on sewerage schemes in an area close to the Lakes of Killarney and in a seaside resort.

I ask the Department to provide funding to enable Kerry County Council to carry out the required works immediately. I also request that the Minister include the sewerage schemes for Waterville and Kilcummin in the water services investment programme 2010-12 which is due to be announced this month. I plead with him to make available this vital funding.

I thank the Office of the Ceann Comhairle for providing me with a timely opportunity to raise this matter.

Deputy Conor Lenihan

On behalf of the Minister for the Environment, Heritage and Local Government, I thank the Deputy for providing me with an opportunity to clarify the position on Kerry County Council's proposals for water and wastewater facilities for Waterville and wastewater facilities for Kilcummin.

The Waterville water and sewerage schemes are designed to upgrade the water treatment plant, provide a new wastewater treatment plant and the pipework for both the water and sewerage systems. The combined schemes were to be procured under two contracts, a pipeline contract and a single contract for the two treatment plants. The water mains and sewer networks contract is substantially completed. The two treatment plants are to be procured under a single design-build-operate, DBO, contract. Kerry County Council has submitted a tender recommendation for the DBO contract to the Department of the Environment, Heritage and Local Government in which it is under examination. Agreement has not been reached between the Department and the council on the level of funding to be provided by both the council and the Department for the scheme. Discussions have taken place, however, and the council is to make a further submission to the Department. When agreement is reached on the level of funding to be provided by both parties, consideration will be given to allowing the council to proceed with the scheme.

The Kilcummin sewerage scheme is part of the Lough Leane catchment sewerage scheme which was included in the Department's water services investment programme 2007-09. Kerry County Council's revised proposals for the Kilcummin scheme are under examination in the Department and a decision will be conveyed to the council as soon as possible.

In common with all local authorities, Kerry County Council was asked to submit an assessment of needs for water and sewerage services in its area to the Department by 23 October 2009. The Department is finalising the consideration of these assessments which will form a key input to the development of the 2010-12 water services investment programme. In conducting their assessments local authorities were asked to prioritise schemes and contracts for progression in the coming years based on key environmental and economic criteria.

With the changed economic climate and completion of the first cycle of river basin management plans by local authorities in the near future, there is a greater need than ever to focus on strategic environmental and economic objectives. The 2010-12 programme will do this by prioritising projects that target public health and environmental compliance issues, support economic and employment growth and offer best value for money. The Minister expects to publish the 2010-12 water services investment programme shortly and his Department will work closely with Kerry County Council to advance priority schemes identified in the programme. I hope my reply satisfies the Deputy, whom I thank again for raising the matter.

Flood Relief.

Deputy David Stanton

I thank the office of the Ceann Comhairle for allowing me to raise this important matter, namely, funding for the repair of the weir and fish pass in Fermoy, County Cork. I thank, in particular, the Minister of State, Deputy Conor Lenihan, for coming before the House. I am aware of his personal interest in the matter and that he has visited Fermoy on occasion to familiarise himself with it.

When I raised this issue approximately one year ago, I was informed that a rock fish ramp was required. I understand this is no longer the case and the Department's scientific committee has indicated that the number of salmon upstream of the weir is surplus to quota. Notwithstanding this, the weir in Fermoy needs to be repaired as a matter of urgency. The fish pass, although adequate, also needs to be repaired. Funding is required for both projects.

At long last, a flood relief scheme is being proceeded with in Fermoy. I hope the new scheme will be as successful as the one in Mallow. With workers, contractors and the Office of Public Works on the ground, this is an opportune time to carry out repair works on the fish pass and weir.

I have been asked to bring to the attention of the Minister the concerns of Fermoy Rowing Club. I have been informed the Minister is aware of these concerns and has walked the Blackwater River and noted the issues that arise. The rowing club welcomes the proposed implementation of phase 2 of the flood alleviation scheme and is cautiously optimistic that the Office of Public Works will address its needs and concerns. Initially, the club was assured that the plans to erect a permanent, continuous 1.3 m high wall along the quay from the youth centre to the rowing club were open to qualification. The erection of such a wall would make it difficult, if not impossible, for the club to place boats on the river during regattas, training sessions and so forth. The club is seeking the erection of demountable walls or movable gates as part of the barrier to enable rowers to launch boats on the river. It wants this issue to be addressed in conjunction with the other works being undertaken in the area.

The minimum requirement is that any proposed permanent structure contain two breaks of at least 75 ft. each to facilitate daily training and the launch of boats during regattas. This clearance is needed to launch an eight person rowing boat which is 63 ft. in length. Any new permanent structure would compromise the club's slipway and require it to be extended and renovated. The rowing club understands from consultations with engineers that its proposals are feasible. I ask the Minister of State to raise the matter with the Office of Public Works to ensure all the relevant bodies come together. Fermoy Town Council and residents want these works which are both practical and possible to be carried out, as they would safeguard the rowing club, fish in the river and the beautiful weir, a landmark, of which the people of Fermoy and north County Cork are proud.

I hope the Minister of State will discuss this matter with his colleagues. Let us see sense because it was left unattended for long enough. The problem has almost been solved. I hope the Minister of State, with his pragmatic, practical way of doing things, will have the matter sorted out to allow us to move on.

Deputy Conor Lenihan

I thank Deputy Stanton for raising this matter. Protecting and enhancing our inland fisheries is a core objective of our inland fisheries strategy and a requirement of EU law under the habitats directive. In this regard, I welcome the matter of the weir at Fermoy being raised on the Adjournment. The weir is in the ownership of Fermoy Town Council. The council, which acquired the weir some years ago, is responsible, as are other weir owners, for the maintenance and upkeep of the weir. Following a complaint to the European Commission and technical studies taken thereafter, the town council is aware of the need to reduce the barrier effect of the weir on the migration of certain protected fish species, including salmon and lamprey, to ensure compliance with the EU habitats directive.

Since taking up responsibility for the inland fisheries brief, I reviewed the approach to resolving the barrier to fish passage at Fermoy up to December 2009. I was anxious that progress be made to deal with problems of fish passage and actively engaged with the town council on the matter as well as the local rowing club and angling interests in terms of how their needs could also be met. I listened carefully to the strong arguments of the council, local rowing club and anglers, that an alternative to the rock-ramp proposal would provide a viable solution to the issue of fish passage at Fermoy.

While the technical and scientific advice to me differs from this position, having listened to the arguments of the council and rowing club, I agreed to afford the council — which is the owner of the weir — an opportunity to implement its own preferred solution of repairing the existing fish passes on the weir. I also made it abundantly clear that if that solution did not work, I would have no alternative — indeed, no hesitation — in requiring the rock-ramp proposal to proceed.

To give practical effect to my decision, I exercised my power to revoke the original direction issued in 2006, in favour of the order given to the Fermoy Town Council, under section 116 of the Fisheries (Consolidation) Act 1959, to undertake immediate repairs to the existing damaged fish ladder situated in the weir to reduce the barrier effect of the weir on migratory fish species.

In light of my discussions with the European Commission authorities, having listened to the council, the rowing club and the anglers — and having had the advice of the Attorney General, as the chief legal adviser to the Government — I came to the conclusion that affording the council an opportunity to explore its preferred solution to repair the existing fish ladder is the appropriate immediate action. This will obviously need to be monitored closely from a fish passage perspective. I hope the council will work closely with local or regional fisheries officers to ensure that the optimum result is obtained. All parties involved must, however, appreciate that Ireland is a member of the European Union and thus committed to meeting its responsibilities under EU law, including obligations on biodiversity, and in particular to protection of species and habitats under the habitats directive.

I have created an opportunity for the council to demonstrate that its preferred solution to repair the fish pass offers a viable solution to the issue of fish passage at Fermoy. This opportunity has been provided to the council notwithstanding the technical advice to me and it is now a matter for Fermoy Town Council, the owners of the weir, to implement its proposals and monitor their effectiveness. In creating this opportunity, I stress there is no dilution of Ireland's commitment to meeting its responsibilities under EU law, including obligations on protected species under the habitats directive.

The effect of the repairs proposed on fish migration will be closely monitored and if the required improvement in fish migration is not achieved, I will not hesitate to direct the town council to undertake further major works.

I understand that the works on the weir do not contribute to the separate flood relief project. The costs are therefore not attributable or appropriate to that project, which is being funded and managed by the Office of Public Works.

The onus rests with the local authority to maintain the structure it values and protects so zealously, in the same way that it funds and maintains other important infrastructure in its ownership.

Deputy David Stanton

It does not have the money.

Deputy Conor Lenihan

I fully appreciate that the need to remedy the problems of a barrier to fish migration at Fermoy has been contentious, but I hope the decision I have made will enable rapid progress to be achieved. I urge the council to expedite the repairs and engage actively with the fisheries board to monitor their impact.

I again thank the Deputy for raising this matter. I also thank the people I met in Fermoy who made submissions to me on this matter.

Deputy David Stanton

They have no money.

Schools Building Projects.

Deputy Michael McGrath

I thank the Ceann Comhairle's office for selecting this important local matter for discussion on the Adjournment. Everyone associated with Shanbally National School was deeply disappointed that the school was not included in the recent announcement by the Minister for Education and Science concerning the schools building programme. That disappointment must be understood in the context that the application for the extension was initially made to the Department in June 2001.

Shanbally National School is currently operating on a site of approximately 1.65 acres. It is an old school building with a number of portakabins on the site. The original building was developed in 1964 as a three-teacher school. The school currently has eight main-stream classrooms, as well as a special speech and language class. Some 220 pupils attend the school, but the vast majority of those have to attend classes in the portakabins. The main building accommodates just three mainstream classes, a school office and a general purpose room. The remaining five mainstream classes, as well as the special speech and language class, currently operate in nine portakabins on the site.

I wish to highlight the costs involved in this case. The annual rent for the portkabins is about €100,000 which is a significant sum for an eight-classroom school. I acknowledge that the Minister has made good progress nationally in reducing the costs associated with renting temporary portkabins on school sites. However, he should examine this case in Shanbally where that annual investment of €100,000 could be put to better use by providing a permanent extension to the school building, which is what is required. The school has a band of 2.2 which needs to be upgraded. The key issue is that Shanbally should be recognised as a developing area, given its proximity to Carrigaline where I live. It is a large and expanding satellite town. In recent times, local schools have been under some pressure to accommodate the number of children coming through the system.

Enrolment at Shanbally has doubled since 2000 when it had only 126 pupils. That growth has been entirely predictable, given the level of development in Carrigaline and the spillover effect which has reached Shanbally National School. I wish to highlight the comparison with other schools in the area. For example, Ballygarvan is deemed to be a developing area and it, too, has a similar mixture of pupils from the village of Ballygarvan itself, as well as pupils from Carrigaline. In the case of Shanbally, the Department has agreed with the long-term projected enrolment so that it will remain a school of eight mainstream classes.

The school has submitted its own proposal whereby a builder would construct the extension and lease it back to the Department over a 24-year period. That design work was completed by O'Shea Leader consultants. The Minister for Education and Science is familiar with this school, having represented the constituency for a long time. He has advanced a number of other projects in the constituency.

Shanbally is a very deserving case. I pay tribute to Mr. Liam Shanahan, the principal, and his staff, for working in difficult conditions. I hope the Minister will find a suitable avenue to advance this essential project, whether it be through the permanent accommodation scheme or the capital building programme.

Deputy Conor Lenihan

I am happy to reply on behalf of my colleague, the Minister for Education and Science, who, unfortunately, cannot be present. I thank the Deputy for raising this matter as it provides me with the opportunity to outline to the Dáil the Government's strategy for capital investment in education projects.

Modernising facilities in our existing building stock as well as the need to respond to emerging needs in areas of rapid population growth is a significant challenge. The Government has shown a consistent determination to improve the condition of our school buildings and to ensure that the appropriate facilities are in place to enable the implementation of a broad and balanced curriculum. All applications for capital funding are assessed by the Department. The assessment process determines the extent and type of need presenting, based on the demographics of an area, proposed housing developments, condition of buildings, site capacity etc., leading ultimately to an appropriate accommodation solution.

As part of this process, a project is assigned a band rating under published prioritisation criteria for large scale building projects. These criteria were devised following consultation with the education partners. Projects are selected for inclusion in the school building and modernisation programme on the basis of priority of need. This is reflected in the band rating assigned to a project. In other words, a proposed building project moves through the system commensurate with the band rating assigned to it. There are four band ratings overall, of which band 1 is the highest and band 4 the lowest. Band 1 projects, for example, include the provision of buildings where none currently exists, but there is a high demand for pupil places, while a band 4 project makes provision of desirable, but not necessarily urgent or essential facilities, such as a library or new sports hall.

Due to industrial action on the part of some staff in the Department of Education and Science, I am not in a position to give full details of the school referred to by the Deputy. However, the school's application is listed on the Department of Education and Science website with a band 2 rating. Furthermore, as the Deputy will be aware, on 16 February last, the Minister for Education and Science made an announcement regarding a total of 52 projects which are to proceed to tender and construction. Some 25 of these projects have already secured planning permission and have been approved to proceed to tender and construction this year. The remaining projects have not yet secured planning permission. When they have secured this planning permission, they will then be in a position to prepare their tender documents and proceed to tender and construction, either later this year or in 2011. The project for the school in question was not included in this announcement.

The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under the Department's capital budget. This project will be considered in the context of the Department's multi-annual school building and modernisation programme. I thank the Deputy for raising this matter and wish him luck.

The Dáil adjourned at 9.05 p.m. until 10.30 a.m. on Wednesday, 3 March 2010.