I propose to take Questions Nos. 1, 19, 24, 37 and 74 together.
The code of practice on dispute procedures, including procedures in essential services, drawn up by the Labour Relations Commission and published in January 1992 aims to ensure that disputes are resolved without recourse to industrial action, by providing practical guidance on procedures for the resolution of such disputes. Particular emphasis is placed on the avoidance of disputes in essential services, with additional safeguards set out for inclusion in employer-trade union agreements in such services. The code states that its principles are appropriate for employments in the public and private sectors of the economy irrespective of their function, nature and size.
The adoption of the code of practice is primarily a matter for negotiation and agreement between employers and trade unions in accordance with the voluntary nature of our free collective bargaining system. Regrettably, developments in this regard have been very disappointing and not one employment has yet adopted the code. In the light of this lack of substantive progress, the code of practice was tabled for discussion with the social partners in the talks which led to the Programme for Competitiveness and Work. My intention was that a specific agreement at national level with the social partners would have given additional impetus to the code's adoption at an early date in a range of employments, particularly those providing essential services. It is a matter of regret that such an agreement could not be reached with the social partners.
However, I would invite the attention of the House to the industrial peace clause of the Programme for Competitiveness and Work's draft agreement on pay, conditions of employment and co-operation at the level of enterprise between the Irish Congress of Trade Unions and employer organisations, which commits employers, trade unions and employees to promoting industrial harmony. The clause goes on to state that where the parties cannot reach agreement through negotiation on any matter covered by the agreement they shall jointly refer the matter to the Labour Relations Commission or Labour Court or, where appropriate, to other agreed machinery. Additionally, and very significantly, the clause provides that the agreement precludes strikes or any other form of industrial action by trade unions, employers or employees in respect of any matter covered by the agreement where the employer or trade union concerned is acting in accordance with the provisions of the agreement. I therefore expect that the parties to the Programme for Competitiveness and Work will comply fully with the provisions of the industrial peace clause with a view to the avoidance of industrial action, especially in essential services.
I am, nevertheless, still anxious that employer and trade union organisations, as well as individual employers and trade unions, redouble their efforts in seeking to negotiate agreements on the code's early adoption and I will be pursuing this issue over the coming months in an effort to obtain a widespread adoption of the code's provisions.