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Trade Union Recognition

Dáil Éireann Debate, Wednesday - 7 February 2018

Wednesday, 7 February 2018

Ceisteanna (54, 60)

Mick Barry

Ceist:

54. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation her views on the efforts by a union (details supplied) to obtain recognition from a company that is in receipt of State contracts from several Departments and recognise a union (details supplied) in Northern Ireland in which it receives similar State contracts. [2053/18]

Amharc ar fhreagra

Mick Barry

Ceist:

60. Deputy Mick Barry asked the Minister for Business, Enterprise and Innovation if she will raise with her ministerial colleagues in the Department of Health, Justice and Equality, and Children and Youth Affairs that they ask a company (details supplied) with which they engage on State contracts, the reason the company does not recognise a union even though it recognises a union in Northern Ireland; and if she will make a statement on the matter. [53258/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 54 and 60 together.

Industrial Relations in Ireland is essentially voluntary in nature and under Irish law, there is no requirement for an employer to recognise trade unions for the purposes of collective bargaining. While article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions it has been established in a number of legal cases that the constitutional guarantee of the freedom of association does not guarantee workers the right to have their union recognised for the purpose of collective bargaining. 

I can assure you however that it has been the consistent policy of successive Irish Governments to promote collective bargaining through the laws of this country and through the development of an institutional framework based on a voluntary system of industrial relations with freedom of contract and freedom of association at its core.  There is an extensive range of statutory provisions supporting this framework.

Arising from an earlier Government commitment to bring Irish law on employees’ right to engage in collective bargaining into line with decisions of the European Court of Human Rights, the Industrial Relations (Amendment) Act was introduced in August 2015. In the lead in to the enactment of this legislation, an in-depth consultation process with stakeholders, including employer and worker representatives, took place.

This legislation provides an improved framework in relation to the right of employees to engage in collective bargaining together with a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take place.

Furthermore, and in addition to the improved framework provided for in the 2015 Act, the statutory Code of Practice on Victimisation was enhanced in October 2015 to include an explicit prohibition on the use by employers of inducements (financial or otherwise) designed specifically to have staff forego collective representation by a trade union.

The introduction of the 2015 Act, combined with the Code of Practice on Victimisation, provide strong protections in the area of collective bargaining in this country. 

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