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Trade Union Recognition.

Dáil Éireann Debate, Thursday - 16 December 2004

Thursday, 16 December 2004

Questions (79)

Joan Burton

Question:

64 Ms Burton asked the Minister for Enterprise, Trade and Employment if, in view of reports that a company (details supplied) is continuing to refuse to recognise the right of its employees to be represented by a trade union, he intends to legislate for collective bargaining arrangements in accordance with the principles of the ILO and enshrined in the European Convention on Human Rights and the proposed new EU Constitution; and if he will make a statement on the matter. [33745/04]

View answer

Written answers

I understand that a claim was lodged by a trade union representing employees of the company referred to by the Deputy with the Labour Relations Commission under the Industrial Relations Act 1990 (Enhanced Code of Practice on Voluntary Dispute Resolution) (Declaration) Order 2004, S.I. No. 76 of 2004, but that no progress was made in resolving the union's claim. I understand further that the trade union then lodged a claim with the Labour Court under the Industrial Relations (Amendment) Act 2001, as amended by the Industrial Relations (Miscellaneous Provisions) Act 2004, and the Labour Court has begun a preliminary hearing, which is scheduled to continue next week.

This legislation and the code of practice stem from the recommendations of a high level group comprising representatives from IBEC, ICTU, and various Government Departments and agencies and chaired by the Department of the Taoiseach, which was established under Partnership 2000 to consider proposals submitted by ICTU on the recognition of unions and the right to bargain.

In line with the voluntarist nature of the system of industrial relations in Ireland, 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, S.I. No. 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 were 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. I have no plans to bring forward further legislation in this matter.

Question No. 65 answered with QuestionNo. 6.
Question No. 66 answered with QuestionNo. 12.
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