I know the convention and protocol were introduced to deal with a particular terrorist threat. The following are listed in the section: the performance of an act of violence against a person on board; endangering safe navigation; destroying a ship or fixed platform; causing damage to a ship or its cargo; placing or causing to be placed on a ship or fixed platform a device which is likely to destroy the ship; and destroying or seriously damaging maritime navigational facilities. These are dangerous crimes which include the injuring or killing of a person to which industrial relations law would not apply.
We have concerns along the lines of those articulated by Deputy Ferris, particularly as regards paragraph (a) which reads, “seizing or exercising control over a ship or fixed platform by force or threat of force or any other form of intimidation”. The concern is that, if industrial action was taken by a group of workers - Deputy Ferris has experience in this area - there could be a situation where normal IR procedures would be stamped on by a rogue owner or master, for example.
I have in front of me a note from the general secretary of the Irish Congress of Trade Unions, Mr. David Begg, who is a good friend of mine and the Acting Chairman. He says Congress, its affiliated unions and the International Transport Workers' Federation, ITF, have concerns in respect of the negative effects the Bill may have on the rights of workers. These extend to the apparent lack of protection for seafarers and other workers engaged in trade union activities and industrial action. The ICTU has contacted the Minister of State, through Mr. Begg, to indicate these concerns. Congress, however, did not get the opportunity to see the advice from the Attorney General on which the Minister of State is acting.
There is a belief that the Bill needs to be amended, either here or elsewhere, to indicate clearly that the current rights, immunities and protections afforded to seafarers, workers and trade union officials cannot be undermined. As a former trade union leader, the Acting Chairman knows that it is difficult at times, particularly in the maritime environment, to enforce trade union rights and responsibilities. It is difficult for shop stewards and the branch secretaries of trade unions to adhere to their mandates. We know of the recent incident in Irish waters where a senior official had to go on board, almost incognito, to try to determine what was happening to the workers on that ship in terms of the number of hours being worked, conditions and so on.
The concern Congress is expressing through its general secretary, Mr. Begg, is that we will be faced with a situation where somebody will in a court of law use the Bill, which is intended to deal with the position in the aftermath of the events of 11 September 2001 and the issues we discussed on Second Stage that arise in different parts of the world, against workers who genuinely engage in industrial action.
