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Defence Forces Representative Organisations

Dáil Éireann Debate, Tuesday - 17 November 2020

Tuesday, 17 November 2020

Questions (51, 60, 65, 420, 431)

Paul Murphy

Question:

51. Deputy Paul Murphy asked the Minister for Defence if permission will be granted to an association (details supplied) to apply for membership to a body. [36609/20]

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John Brady

Question:

60. Deputy John Brady asked the Minister for Defence if an undertaking will be given to meet with representative bodies to discuss the matter of members of the Defence Forces forming an association with a body (details supplied) in view of his previous assertion that he is open-minded to same. [36691/20]

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Louise O'Reilly

Question:

65. Deputy Louise O'Reilly asked the Minister for Defence the reason an organisation (details supplied) has not been allowed to become a recognised trade union with affiliation to an organisation. [36591/20]

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Thomas Pringle

Question:

420. Deputy Thomas Pringle asked the Minister for Defence the reason he is of the view that affording a group (details supplied) a right of association is more detrimental in this jurisdiction than in many other European countries; when the group will be given the right to associate with a union; and if he will make a statement on the matter. [36140/20]

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Paul Murphy

Question:

431. Deputy Paul Murphy asked the Minister for Defence the reason he has not granted consent to a group (details supplied) to affiliate to a union. [36461/20]

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Written answers

I propose to take Questions Nos. 51, 60, 65, 420 and 431 together.

Under the Defence Acts, 1954-2015, the Permanent Defence Force Representative Associations are prohibited from being associated with or affiliated with any trade unions or any other body without the consent of the Minister. 

It is a matter for each State to determine how their armed forces may engage in industrial relations and pay determination. There is no universal approach. There are a number of countries, which do not allow for the formation of representative associations in their armed forces and others which allow full Union membership. 

However, there is a common theme in that restrictions on the right to strike are generally accepted and this has been confirmed by the European Committee of Social Rights. In 2017, the European Committee of Social Rights, in a non-binding ruling, found that Ireland was not in violation of the European Social Charter in respect of the prohibition of the right of military personnel to strike. However it found that Ireland was in violation of the Charter in respect of the right to organise, that is to affiliate to certain organisations, and the right to negotiate collective agreements.

It should be noted that the basis for the complaint pre-dates a number of significant change in how the Permanent Defence Force representative associations engage in collective bargaining. In the past, contemporaneous negotiations, referred to as a parallel process, were conducted with non-ICTU affiliated members, including the Permanent Defence Force representative associations. In a change to previous practice, in the course of the negotiations which led to the Public Service Stability Agreement 2018-2020, the Permanent Defence Force representative associations were represented alongside the other public service unions and associations at the negotiations, which were held under the auspices of the Workplace Relations Commission. 

With regard to the right to organise, that is to affiliate to certain organisations, the European Committee of Social Rights, in arriving at its decision, took into an account a statement made in the complaint which claimed that ICTU had stated that “PDFORRA could be affiliated to ICTU with whatever conditions the Government deemed necessary”.

This was considered as part of an independent review of the Conciliation and Arbitration scheme for members of the Permanent Defence Force which was completed in 2018.  One of the recommendations from that review was that the official side should, with the consent of the Minister, engage in discussions with ICTU to explore the practicalities of a Permanent Defence Force representative association forming association/affiliation with ICTU, while giving due consideration to any likely conflict that might arise between such an arrangement and the obligations of military service.

Defence management (civil and military) have engaged in discussions with the Permanent Defence Force representative associations and ICTU regarding the practicalities of a Defence Forces representative association forming association/affiliation with ICTU. These discussions explored matters of concern to all parties and were constructive. However, PDFORRA initiated legal proceedings on this matter on 26 June 2020.

As this matter is now subject to litigation, it would not be appropriate to comment further.

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