Dáil Éireann Debate, Wednesday - 3 June 2020
4. Deputy Catherine Murphy asked the Taoiseach and Minister for Defence when a decision will be made regarding permitting the affiliating of the Defence Forces to a union (details supplied); the reason this decision has been delayed; and if he will make a statement on the matter. [8740/20]
View answer9. Deputy Éamon Ó Cuív asked the Taoiseach and Minister for Defence if an application has been received from a union (details supplied) for permission to affiliate to another organisation; if so, when the application was received; when a decision will be made on the application; the reason for the delay in making a decision on the matter; and if he will make a statement on the matter. [9169/20]
View answerI propose to take Questions Nos. 4 and 9 together.
Section 2(3) of the Defence (Amendment) Act 1990, prohibits the Defence Forces representative associations from being associated with or affiliated to any trade union or any other body, without the consent of the Minister.
In 2017, the European Committee of Social Rights, in a non-binding ruling, upheld the prohibition of the right of military personnel to strike but concluded that Ireland was in violation of Article 5 of the European Social Charter on the grounds of the prohibition against military representative associations from joining national employees organisations and in respect of Article 6.2 of the Charter regarding the right to bargain collectively.
It is noted that in arriving at its determination the ECSR noted in particular that according to EUROMIL, ICTU had stated that PDFORRA could be affiliated to ICTU with whatever conditions the Government deemed necessary.
Defence management (civil and military) have held meetings and exchanged correspondence with both ICTU and PDFORRA to explore the possibility of PDFORRA affiliating with ICTU, and to identify the possible conditions governing such affiliation.
I am aware that PDFORRA applied to affiliate with ICTU on 31 July 2019. The General Secretary, ICTU, wrote to me on 20 September 2019, advising that ICTU had agreed in principle to PDFORRAs application for associate membership, subject to the conclusions of ongoing discussions with the Department of Defence on the matter.
The Department of Defence wrote to PDFORRA on 11 December 2019, setting out possible conditions of affiliation and possible assurances required. Pursuant to this letter, a subsequent meeting was held with PDFORRA and ICTU on 10 January 2020.
At that meeting PDFORRA undertook, with the assistance of ICTU, to provide a response in writing to the matters discussed at that meeting, which will assist me in considering the matter. I am awaiting a reply in order to progress this matter.
