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Dáil Éireann díospóireacht -
Tuesday, 27 Apr 1999

Vol. 503 No. 6

Adjournment Debate. - Industrial Disputes.

I thank the Ceann Comhairle and his helpful staff for contriving a mechanism to permit me to raise this important issue. However, I am extremely concerned, although I do not say this in any ungracious way because your office has been most courteous and helpful, about the implications of the decision which prevented me raising it last week on the grounds that it was not eligible for inclusion on the Adjournment. In so far as I can interpret it, the decision to disbar its discussion was because the Minister has not made any comment on it and, therefore, the Minister is not responsible. That is not in accordance with precedent. In no spirit of ungraciousness, I feel compelled to bring the matter to the Committee on Procedure and Privileges. If this House was disbarred from discussing an industrial dispute in a major industry, it would be a matter of some import with many implications.

The scaffolders' dispute, according to the Construction Industry Federation, now involves some 800 workers, threatens further lay-offs and is beginning to have a deterrent effect on planned investment. Certainly there is considerable hardship being experienced by the families of the workers and the tentative initiatives taken this week are the first indications of any serious attempt to resolve the dispute. A major industry is threatened with slowdown, if not close down, and for whatever reason the employers have been slow to engage meaningfully.

We are talking about an industry which is booming, where the local bargaining clause in Partnership 2000 has been used to allow other workers, for example, the craft grades, to share to some extent in the success of the industry. The industry, we are glad to see, is recording unprecedented profits. It is, therefore, entirely understandable that workers would seek to share in this performance. It is especially understandable when we realise that this industry is a difficult task master, where workers burn out young, often endure conditions of considerable hardship and may be unemployed for periods for a variety of reasons. These employees also work in hazardous conditions in an industry which last year recorded 27 fatalities. Therefore, we cannot feign surprise that this pressure point has arisen within an industry whose leading individual companies are doubling their profit performance and in some cases doing better than that.

If certain categories of workers benefit from local settlements, it is inevitable that lesser paid workers will seek such settlements. Our objective should be to meet these local demands in a fashion that does not do permanent damage to social partnership. The fact is extensive settlements have taken place which have not been deemed to be outlawed by Partnership 2000, not least in the public sector. Therefore, rather than promoting confrontational advertisements, I would like to see both parties using the industrial relations machinery to resolve this dispute. It is noteworthy that, despite the poor safety record of some companies in the industry, no prominent advertisements were taken out advising employees of their rights and employers of their obligations.

It is not for me to comment on the merits or otherwise of the issues in the dispute. However, it is plain that the dispute may yet have far-reaching implications for pay bargaining determination in the wider economy. As such, the proactive involvement of the Government is necessary.

As regard the dispute itself, I will say this much. The Labour Party wants to see training, certification, health and safety included on the bargaining agenda, not just because their inclusion may be helpful in facilitating a resolution of this dispute but because they merit urgent attention in their own right.

In the absence of my colleague, the Minister of State at the Department of Enterprise, Trade and Employment with responsibility for labour affairs, Deputy Tom Kitt, who is abroad on Government business, I wish to record his ongoing grave concern about the scaffolders' dispute. In this era of social partnership, the nature of the action being taken by the trades union members involved is particularly disturbing. Also, the impact of the action on the construction sector, its employees and customers, is potentially damaging.

I am informed that the immediate cause of the dispute is the claim by scaffolders, who are members of SIPTU, for a pay scale ranging from £9.50 to £18 per hour. The current minimum hourly rate for scaffolders is £6.70 under the construction industry's registered employment agreement. The dispute is also taking place against the background of other industrial relations turbulence in the construction sector.

On the suspension of pickets on Thursday, 15 April, talks took place at the Labour Relations Commission. Reportedly there was progress on health, safety and training issues but there was no movement on the pay claim.

I understand that talks on the dispute are continuing in the Joint Industrial Council for the Construction Industry, which is chaired by an industrial relations officer from the LRC. In the past this mechanism has been utilised to assist in the resolution of disputes. I would strongly urge the parties on this occasion to continue to use the normal industrial relations mechanisms to resolve their differences. I understand that the discussions in the joint industrial council are at a sensitive stage and I, therefore, do not want to comment further on the specifics of the dispute.

One of the most significant challenges facing this country is the management of economic growth. The challenge is to manage growth in a way which will sustain economic development and, at the same time, ensure that there is an equitable sharing of the growth. This challenge is readily apparent in the construction sector. Clearly the construction sector is a key contributor to both economic and social progress, in terms of the employment it provides and also in the key role it plays in the development of the economic and social infrastructure. Expansion in commercial construction and in house building provides a climate for the improvement of pay and other working conditions for those employed in the sector.

There are also obligations on employers and trades unions to work together in a positive and fair way in a spirit of co-operation or, to put it another way, to develop and pursue a partnership approach, the partnership approach which has brought us four successive national economic and social agreements.

The traditional indicators of the industrial relations climate are generally showing a significant improvement. For example, less than 40,000 work days were lost last year due to industrial action, the second lowest figure on record. However, these traditional indicators do not reflect the worrying incidence of other forms of industrial action in the industrial relations arena, both in the public and private sectors.

I must ask what kind of an industrial climate do we want, whether in the construction sector or elsewhere? In our voluntarist industrial relations system, it is the parties themselves, employers, employees and their representatives, who must decide on their response to this question.

Under the current national agreement, Partnership 2000, both trades unions and employers are committed to the promotion of industrial harmony. The agreement requires the parties to a dispute, who cannot reach agreement through negotiation, jointly to refer the matter to the industrial relations agencies or to other agreed machinery.

I would again urge the parties to the current disputes, including disputes in the construction sector such as the scaffolding dispute, to adopt an approach which would facilitate their resolution through the normal industrial relations procedures. National partnership agreements, of themselves, do not eliminate disputes, but the agreements place an emphasis on the use of the available dispute settling mechanisms. The continuing decline in the number of days lost due to industrial action and the record of the LRC and the Labour Court underlines the success of such mechanisms.

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