CMNT_TITLE

Repetition

In previous comments, the Committee requested the Government to provide its observations on the comments made by the Irish Congress of Trade Unions (ICTU) in relation to restrictions on the right to organize and bargain collectively introduced by the Competition Authority of Ireland. The Committee recalled that the ICTU had stated that the Competition Authority had decided that the provisions of the Competition Act 2002 overruled the provisions of the Industrial Relations Act and had declared unlawful a collective agreement between Equity/SITP and the Institute of Advertising Practitioners that fixes rates of pay and conditions of employment for workers within radio, television, cinema and the visual arts. The ICTU added that other relevant statutory provisions had also been overruled.

The Committee had noted the Government’s indication that, during the course of the social partnership talks in 2008, it committed itself to introducing legislation amending section 4 of the Competition Act to the effect that certain categories of vulnerable workers, formerly or currently covered by collective agreements, when engaging in collective bargaining, would be excluded from the section 4 prohibition. According to the Government, this commitment took into account that there would be negligible negative impacts on the economy or on the level of competition and gave consideration to the specific attributes and nature of the work involved, subject to consistency with European Union (EU) competition rules. Three categories of workers were proposed to be covered by the exclusion: freelance journalists, session musicians and voice-over actors. The Government indicates that since the social partnership talks took place, the EU/International Monetary Fund (IMF) Programme of Financial Support for Ireland has been agreed and the authorities have committed themselves to ensuring that no further exemptions to the competition law framework will be granted unless they are entirely consistent with the goals of the EU/IMF Programme and the needs of the economy. The Government indicates that this commitment requires further consideration in the context of the EU/IMF Programme. The Committee trusts that the Government will pursue its review of the Act with the social partners in accordance with its previous commitment and requests it to provide information on progress made in this regard.

The Committee had noted the extensive comments of the Government related to the decision of the Irish Supreme Court in Ryanair v. Labour Court and IMPACT, in which the union stated that the Supreme Court had upheld the operation of the Ryanair Employee Representative Committee, a committee operating under the control and domination of the employer, aimed at excluding a bona fide trade union, and at preventing a trade dispute from being processed under the Industrial Relations Act 2001. In particular, it noted that in the context of discussions with the social partners reviewing the consequences of the judgment on collective bargaining, the judgment was viewed as having had the effect of substantially impairing the capacity of the arrangements, which had previously been agreed upon, to operate as intended, and of clarifying certain aspects of fair procedure and natural justice applicable in such cases. The Government and the social partners had, therefore, agreed on the establishment of a review process, which would consider the legal and other steps required to enable the mechanisms which were established under previous agreements to operate as intended. According to the Government, this process would take account of issues of concern to both sides having regard to their experience of the mechanisms to date, the necessity for fair procedures, expert legal advice and international practice, where relevant. The Government indicated that the review, which had originally been intended to be completed by March 2009 so that the necessary legislation would be enacted in June 2009, only got under way in September 2009.

The Committee further noted the Government’s indication that it intended to bring forward legislative proposals to prohibit victimization and incentivization and to provide effective protection and means of redress to employees in relation to their trade union membership and activities, a matter being considered in tandem with the abovementioned review process. The Committee notes the Government’s indication that the review process did not result in any substantive progress being made on the issue.

The Committee also notes the Government’s indication that it has committed to ensure that Irish law on employees’ rights to engage in collective bargaining is consistent with recent judgments of the European Court of Human Rights and that this process will require consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004 and the consequent litigation that has arisen in the course of the operation of these Acts. The Committee trusts that progress will be made in the near future to ensure that workers are fully protected in their right to organize as provided for by the Convention and requests the Government to provide information on the progress made in this regard in its next report.