Dáil Éireann Debate, Thursday - 13 May 2004
48 Mr. Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the fact that trade union recognition is a fundamental right of all workers which must be enshrined in law; if she will bring forward legislation for the recognition of trade unions; and if she will make a statement on the matter. [13855/04]
View answer53 Mr. Crowe asked the Tánaiste and Minister for Enterprise, Trade and Employment when she will bring forward legislation for the recognition of trade unions in the State. [13856/04]
View answerI propose to take Questions Nos. 48 and 53 together.
The system of industrial relations in Ireland is essentially voluntary in nature. In line with this voluntarist approach, a high level group, chaired by the Department of the Taoiseach, comprising representatives from IBEC, the ICTU, and various Departments and semi-State agencies, was established under Partnership 2000 to consider proposals submitted by the ICTU on the recognition of unions and the right to bargain.
This group recommended that two distinct procedures be put in place for the resolution of disputes where negotiation arrangements are not in place and collective bargaining does not exist — a voluntary procedure and a legislative fall back procedure. These recommendations were implemented through the Industrial Relations Act 1990 (Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2000 (SI 145 of 2000) and the Industrial Relations (Amendment) Act 2001.
During the negotiations between the Government and the social partners on the partnership programme, Sustaining Progress, the need to enhance the effectiveness of these procedures was agreed. A number of measures, which have resulted in significant improvements to the procedures, have been put in place earlier this year by means of the Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004 (S.I. No. 76 of 2004), the Industrial Relations Act 1990 (Code of Practice on Victimisation) (Declaration) Order 2004 (S.I. No. 139 of 2004), and the Industrial Relations (Miscellaneous Provisions) Act 2004. These measures include the introduction of timescales to the process of dispute resolution in situations where it is not the practice of the employer to engage in collective bargaining negotiations in respect of a particular grade or group of employees.
