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Seanad Éireann debate -
Wednesday, 14 Oct 1987

Vol. 117 No. 4

Adjournment Matter. - ISPCC Dispute.

May I thank the Cathaoirleach for allowing me to raise this matter on the Adjournment. The workers in the Irish Society for the Prevention of Cruelty to Children have been on strike since June in an attempt to prevent the redundancy of one of their colleagues and in an attempt to secure back payment of wages estimated to total £90,000. I find it appalling that conditions in the ISPCC were such as to lead to a strike by some of what are quite manifestly the most dedicated child care workers in the country. I am astonished, too, that the ISPCC management have refused to abide by the proposals put forward for settlement by the Labour Court. The Labour Court proposals were reasonable but apparently they were unacceptable to the management of the ISPCC because the ISPCC seem to be interested in nothing except total victory. It is difficult to understand or, indeed, to justify the carry-on of the management of the ISPCC over the past number of months. They precipitated the strike. They implied to their own employees that if the strike went ahead they would consider closing down the entire service and they have now proceeded to attempt to raise funds from the public as recently as two weekends ago by way of a church gate collection in my own city of Cork, by door to door fund raising by paid fund raisers and also by accepting grants from the State which were meant to be provided to enable them to provide a service for deprived families. Whatever about the fund raising from the public — and that raises serious ethical questions — there is a fundamental legal question raised by the apparent failure of the Government to ensure that the money provided by the State to the ISPCC is being used for the purpose intended.

There are two issues which arise here. The first is the incontrovertible fact that much of the money provided in the past by the Department of Health had been given — and I have seen the letters accompanying some of these grants — in order to contribute towards wage increases for employees of the ISPCC. This is what was specifically referred to in the correspondence from the Department of Health. Many, if not all, of these wage increases have not been paid to the employees of the ISPCC. Therefore, the question arises as to whether the money is being used in accordance with not just the wishes but, indeed, the decision of the Oireachtas as to how those funds should be used.

The second question relates to the utilisation of this year's grant from the Department of Health. Quite clearly for almost five months now the ISPCC have provided virtually no service. All of their centres are closed, all of their schools are closed and all of the other services they provide are not functioning.

It is difficult, therefore, to imagine how the grant being provided to them by the State can be used for the purpose for which it is intended. If no services are being provided it is very difficult to see how the grant can be used in the way that was intended. It is, therefore, not just a question of an industrial dispute any more: it is a question of the proper use of public funds. That is a matter for the Minister and the Government and no amount of hiding behind industrial relations legislation can escape that fact. What is at issue now is the use of public funds, funds which are subject to the audit of the Comptroller and Auditor General.

In order to encourage the Minister and the Government to take an interest in this area I wrote on 17 September to the Comptroller and Auditor General asking him to take an interest in this area. I am happy to report that he has told me that my concern has been noted and will be kept in mind in carrying out the current audit of the Department of Health. It is no longer, therefore, a matter of whether the Minister wishes to be involved or not. He may not wish to be and perhaps he does wish to be. Quite clearly, in order to satisfy the possible interest of the Comptroller and Auditor General it is the Minister's duty to deal with the ISPCC and to inquire of them formally as to how they are using their funds and, if necessary, to ensure that these funds are returned to the Department until such time as the Minister is satisfied that they are going to be used for the purpose for which they were intended which is to provide services and to pay a staff.

I take no pleasure in having to raise an issue involving a voluntary organisation in this fashion. I do not think anybody could enjoy the prospect of a substantial voluntary organisation being investigated. I am speaking as one who has a long history of involvement with a voluntary organisation. However, the ISPCC have shown such an extraordinary unwillingness to enter into serious negotiations and have issued such extraordinary demands to their employees that the Minister has good reason at this stage to believe that the will on the part of the executive and management of the ISPCC to seek a solution to this dispute is completely lacking.

In an ordinary strike the executive and the management have something to lose. For instance, in a profit making company the company will lose money. In this case there is no apparent loss to either the management or the executive members of this organisation and, therefore, there does not seem to be any external force other than the Minister which can put some pressure on them to negotiate a reasonable solution. The evidence is overwhelming that the employees have been, almost to a fault, reasonable in their position. They were willing to forego multiple thousands of pounds in back money because they understood the difficult financial position of the organisation. Nevertheless, the management shows no willingness to negotiate or talk to them.

By way of an example of the extraordinary demands of the management I am aware that one of the conditions they have sought from their employees is that all correspondence arriving at headquarters should be opened by management. This would include letters to employees from their union, perhaps letters to employees from their banks, perhaps letters to employees from their insurance companies which perhaps are addressed to the ISPCC headquarters. When an organisation make demands like that of their employees nobody seriously imagines that they are expecting these conditions to be met. One can easily imagine that what they are doing is putting unacceptable conditions up to prevent a solution being reached. If this is their objective then I think the Minister has got to take action. I have no doubt that if they wished to bring about a settlement they would not seek to have such extraordinary conditions imposed on their members.

I wonder, therefore, am I being too harsh in saying that what you are seeing is a group of people behaving like tin pot generals seeking to make a battlefield in which they win against a particularly vulnerable section of their own employees. That is what is really involved here. It seems to be a macho exercise in which people prove that they can deal with their own employees and the only person who can ensure that something different is the outcome is the Minister. The only way that the ISPCC executive and management can be persuaded to become flexible is if they face the prospect of their grant being withdrawn and indeed the quite serious and realistic possibility that if money provided for that organisation has been used in a way other than that voted by the Oireachtas then there would be a question of the personal liability of the executive for the misuse of public funds. It is a matter for the Minister to investigate matters like that and it is up to the Minister to use the leverage that he quite clearly has to make a breakthrough possible.

I hope the Minister will now tell this House that as a matter of urgency he proposes to raise with the ISPCC the question of what is being done with the funds that have been supplied by his Department this year and also what was done in previous years. The Government may wish and choose to ignore the industrial relations aspect of it but they have a legal obligation to ensure that public funds are used in accordance with the wishes of the Oireachtas. No member of the Government and no Government collectively can escape that responsibility. It is specifically referred to in the details of public expenditure in each year that the grants to the Irish Society for the Prevention of Cruelty to Children is subject to audit by the Comptroller and Auditor General. It must, therefore, be spent in accordance with the wishes of the Oireachtas.

It is quite clear that if this society continues to fail to provide any service that the money cannot be spent in accordance with the wishes of the Oireachtas. The question of what is being done with the money, therefore, arises and what has been done in the past with the money. That is a matter for the Minister and I would appeal to him to urgently seek discussions with the executive of the ISPCC to inquire of them what is being done with this money. In the process of making that inquiry he should raise with the members of the executive the question of the need for this strike, its possible resolution and the urgency of resolving the dispute if for no other reason than because the personal position of the executive of the ISPCC in regard to the way public funds are being used will be called into question if they do not resolve this strike immediately. I look forward to the Minister's reply.

Acting Chairman

Are you sharing your time?

If Senator O'Toole wishes to say something and there is time I am quite happy to accommodate him.

What I rise to say is that I support to the letter everything Senator Ryan said. I will not go over the story of what has happened out there but I would say to the Minister — I have worked with the Minister on a number of committees and I know his commitment, and I discussed this issue with him before and he certainly gave me an indication that he was sympathetic to the problems the workers were experiencing out there —to throw away the script for a minute and tell us what he feels on this issue.

We are talking here about a group of workers, many of whom we have worked with and know very well. I have seen them working in the most deprived parts of this country. I have worked with some of them in Darndale in the north Dublin area in adult education and in the provision of all sorts of services. They are people whose commitment is beyond question. They are people who believe in what they are doing, who have added to the quality of life for the most deprived and under-privileged parts of our community. They do it in every part of the country. They are being cast off at this stage and are being cast off mainly because there is an uncaring management in the organisation of the ISPCC. They are uncaring or unaware. Whichever it is, there is a clear duty on us as elected Members to insist that something be done about it.

I have made efforts during the day to raise the matter of cuts. I am saying now to the Minister that this is one cut he might consider putting a hold on until we know exactly where the money is going. I ask the Minister to consider having a full investigation of what is going on. These employees are prepared to give up to £80,000 of their money and put it aside for the sake of their work and the organisation they are committed to. They are prepared to work long hours after hours and their commitment is beyond question. We should say to them: "Yes, we appreciate your case and, yes, indeed we will investigate and we will see to it that public moneys are accounted for and we will indeed see to it that that money goes towards its intended purposes".

I, too, would like to subscribe to the sentiments of this motion. It is rather unfortunate that there is an exit of Members from the House when a Private Members' motion is being put before us here this evening, especially because of the sensitive way in which it has been moved by Senator Ryan. It appears that this dispute is dragging on indefinitely. I do not have the privilege of working, like Senator O'Toole, with some of these people as I live a long distance away but when I come here and see some of these ladies walking up and down the street daily for the past number of months, I think that if it is within the compass of the Minister to intervene he should do so.

I am addressing this subject with a fair degree of ignorance but some of the comments and allegations made by Senator Ryan are obviously very serious. While the dispute continues if even one man-hour is lost in the sensitive area in which these workers are involved it is a very serious reflection on us as a House of the Oireachtas. If we can exhort the Minister to use his good offices to become involved in one way or another we should do so. I would certainly like to be associated, in a personal way, with the motion.

I would like to thank Senator Brendan Ryan for putting down the motion on the Adjournment and also to thank Senator O'Toole and Senator O'Callaghan for their contribution. As several of us are aware, there is unfortunately a strike in progress at the moment in the ISPCC. There was a full Labour Court hearing on the matter in July last and a subsequent Labour Court recommendation was rejected by the management of the ISPCC. My colleague, the Minister for Labour, Deputy Ahern, has had a report on the situation from officials of his Department after talking to both sides. Unfortunately the strike remains deadlocked.

I, and the Minister for Health, Dr. O'Hanlon, are naturally more concerned that the families and children in receipt of services from the ISPCC should continue to be deprived of these services for such a long period. I must also recognise the work of the ISPCC and the staff over the years. It is unfortunate that this strike is in progress. In the circumstances I have requested officers of my Department to explore every possible avenue with a view to having the strike settled at the earliest possible opportunity. This process is now in train.

I am aware that some of the issues raised by Senators Ryan, O'Toole and Callaghan have been the subject of media comment during the course of the strike. I must, however, say that it would be inappropriate for me at this stage to refer to these issues in the light of the initiative which we have taken. I mean no discourtesy to the Senators and the House but I am loath to make any detailed public comment on any specific issue relating to the activities of the ISPCC lest it be misunderstood and possibly create further difficulties in relation to this matter. It is a very delicate situation.

We are very concerned about this matter and are most anxious that it be resolved as quickly as possible. We have taken note of the comments made by Senators here this evening and these will be examined by officials of my Department. At this stage I hope that the initiative which we have taken with the Minister for Labour will be successful and that this matter will be resolved because it is causing such hardship to the parents and children involved. I personally know of the work of the ISPCC in my own constituency and I am particularly anxious as well from a policy point of view that this matter should be resolved. We will do our utmost in this regard.

The Seanad adjourned at 8.20 p.m. until 10.30 a.m. on Thursday, 15 October, 1987.

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