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Dáil Éireann díospóireacht -
Thursday, 28 Apr 1994

Vol. 442 No. 2

Ceisteanna—Questions. Oral Answers. - Strikes in Essential Services.

Richard Bruton

Ceist:

1 Mr. R. Bruton asked the Minister for Enterprise and Employment if he will give details of negotiations by Government to secure the adoption of the code of practice to deal with strikes in essential services in the context of the Programme for Competitiveness and Work, 1994-1999.

Brendan McGahon

Ceist:

19 Mr. McGahon asked the Minister for Enterprise and Employment if he will give details of negotiations by Government to secure the adoption of the code of practice to deal with strikes in essential services in the context of the Programme for Competitiveness and Work, 1994-1999.

Eamon Gilmore

Ceist:

24 Mr. Gilmore asked the Minister for Enterprise and Employment the number of companies, trade unions or organisations which have adopted a code of practice as provided for in the Industrial Relations Act, 1990, aimed at avoiding disputes in essential services; and if he will make a statement on the matter.

Andrew Boylan

Ceist:

37 Mr. Boylan asked the Minister for Enterprise and Employment the present status of the code of practice for strikes in essential services.

Jim Higgins

Ceist:

74 Mr. J. Higgins asked the Minister for Enterprise and Employment if he will give details of negotiations by Government to secure the adoption of the code of practice to deal with strikes in essential services in the context of the Programme for Competitiveness and Work, 1994-1999.

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.

Will the Minister agree that his words of consolation ring rather hollow today when we are facing a possible rail dispute which will immobilise 60,000 Dublin commuters, 20,000 mainline rail passengers and 17,000 tonnes of freight each day? Will he agree that it is not good enough for the Government to say that it tried to negotiate the adoption of the code but failed, and that is the end of the story? Is it not the case that since the code of practice was seen by the trade unions and employers before it was published it was not a surprise? Will he agree that something has gone radically wrong in the negotiations between his Department and the social partners which has led to a refusal to adopt the code of practice? As a result we are on the brink of a strike in one of the essential services recognised in the code.

The ballot among Iarnrod Éireann workers is still under review. A matter on the Adjournment deals with this issue and I do not wish to say anything which might adversely affect the outcome of the ballot.

In response to the general thrust of the Deputy's question, my words are certainly not intended to ring hollow. If anything, they should register a degree of anger as I believe both sides should adopt the code of practice. My Department does not have direct negotiations with the social partners on the adoption of the code. This is a matter for the unions in a particular sector providing essential services for the employers. We will continue vigorously to promote the adoption of the code of practice which was drawn up by the Labour Relations Commission in full consultation with the social partners. I very much regret that the code of practice has not been adopted and was not regarded as a code which could be adopted by both sides in the completion of the negotiations on the Programme for Competitiveness and Work.

Will the Minister agree that the Programme for Competitiveness and Work was effectively the high noon for the adoption of the code and that the Government has thrown in the towel on having a code of practice on strikes in essential services? The Minister's predecessor said that he would consider legal measures to deal with strikes in essential services if the voluntary code was not accepted. Is that the policy of the Minister?

No, it is not. I do not propose to compel with the backing of law workers, whose basic fundamental right it is to withdraw their labour, to adopt the code of practice. A code of practice is precisely that — it is based on the principle of voluntarism in regard to free collective bargaining between both sides. I strongly urge the adoption of the code of practice by individual unions and the trade union movement in general, particularly in the case of essential services as strike action by one group of workers in a key service can endanger the livelihood and work prospects of many other trade unionists. That argument is broadly accepted by the trade unions. We are dealing with a history and legacy of industrial relations which will not be easily changed. We must, therefore, continue to argue for the adoption of the code of practice which, by its nature, has to be freely accepted by both sides.

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